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Scottish Court of Session Decisions >>
Crawford v Halkerston. [1732] Mor 16016 (16 December 1732)
URL: http://www.bailii.org/scot/cases/ScotCS/1732/Mor3616016-074.html Cite as:
[1732] Mor 16016
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Heritors thirled to a mill, and who had also been in constant use of repairing the dam, and bringing home millstones, pleaded exemption from the other services, such as, the carrying materials for reparation of the mill-house, which had always been repaired by the heritor or miller, without any burden upon the sucken. And it was alleged, That the right to the thirlage being constituted by prescription, tantum præscriptum quantum possessum. Answered, Services are implied in the nature of thirlage, whatever way constituted. The heritor of the mill was found to have right to the services of carrying materials by the sucken, for supporting the mill-houes.—See Appendix.
