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Patoun and Mercer v Patoun. [1666] Mor 15977 (00 June 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor3615977-033.html Cite as:
[1666] Mor 15977
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John Patoun, as heritor of the mill of Mukart, pursued for the abstracted multures, and alleged, That the mill is the mill of the barony, and the lands a part of the barony, and that they being in immemorial possession of in-town multures, of one peck of the boll, and that, above thirty years ago, there was a decree-arbitral, by the Marquis of Argyle, decerning these multures. The defenders alleged, Absolvitor, because they were infeft before the pursuer's right produced cum molendinis; and as to the act of Court, the whole tenants were not present; and the decree-arbitral, it is under reduction.
The Lords sustained the pursuer's condescendence, reserving the reduction as accords.
