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A miln built on an estate, during the incumbency of a liferenter, found to accresce to her.
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Archibald Campbell of Ottar, by contract of marriage, and infeftment following thereupon; did provide Anna Stirling, his spouse, to the lands of Kinnaltie, by charter; carrying cum molendinis et multuris. At this time there is no miln upon the lands; but, during the marriage, he builds one; and, after his death, the relict possesseth both lands and miln: whereupon she and her present husband, and tenants, are pursued by this Ottar; for the duties of the miln.— It was alleged, absolvitor, because the miln was built upon the husband's lands; which she liferented; being infeft, cum molendinis; and edificia built by the heritor, cedunt solo; and consequently to the liferenter.—It was answered, That milns being inter regalia, are not transmitted, without an express disposition and infeftment; and the general clause of a charter cannot do it.—Replied, That the general clause gives her good right, unless there had been a going miln, at the time of the infeftment; in which case, it might have been questionable, unless the lands and miln had been erected into a barony; but where there was no miln; and a new miln is built; the miln accresceth to the liferenter, during the liferent; as well as if she had built it herself, after the husband's death:—which the Lords found accordingly. Withall the Lords declared, That if, after building the miln, her husband did thirle any other lands thereto, beside her liferent lands; that she is not to have the benefit of any such restriction.
