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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v Cleland and Others. [1740] Mor 16019 (19 December 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor3616019-080.html
Cite as: [1740] Mor 16019

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[1740] Mor 16019      

Subject_1 THIRLAGE.

Miller
v.
Cleland and Others

Date: 19 December 1740
Case No. No. 80.

Grindable corns. - Mill services.


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Where the astriction was of all grindable corns growing on the lands that should thole fire and water for sustenance of house and family, it was found to comprehend grain made into farm-meal.

Found, That personal services of bringing home the millstones, and keeping up the dams, were inherent in a thirlage established by constitution; but that furnishing thatch to the mill was not, nor could be, exacted without special constitution or possession.

But afterwards, November 17, 1741, Bruce Stuart of Blairhall contra Colonel Erskine, infra, it was found, That mill-services were inherent in a thirlage established by constitution, as well that of furnishing thatch to the mill as other services.

Kilkerran, No. 5. p. 573.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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