Scottish Court of Session Decisions

Subject_1 THIRLAGE.

Lady Kincarrachy, Feuer of the Mill,
v.
Viscount of Stormont

Date: 2 February 1686
Case No. No. 48.

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The Abbot of Skoon having feued the mill with the astriction of omnia grana crescentia used and wont, after he had feued some lands which at the feuing of the mill were in his own mansing and parking;

The Lords found these lands could not be reputed astricted, seeing res sua nemini servit; and for the same reason found, That the feu-duty of twenty chalders of oats, payable out of the feuer's other lands, was not liable to astriction, although there was a conversion in money at the vassal's option, unless a contrary custom was proved; and that they would not require forty years, but a competent number of years, being only to clear the import of the clause of astriction used and wont.

Harcarse, No. 728. p. 206.