Scottish Court of Session Decisions

Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V.

In what Subjects Possessory Judgment takes place.

Stewart
v.
Grant of Elchies

Date: 26 January 1698
Case No. No 41.

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In a process of abstracted multures, the defender having pleaded a possessory judgment upon a right to his lands cum molendinis et multuris, in consequence of which right he had a miln upon his own ground, and did grind his corns there above seven years; it was answered, That thirlage is res incorporea, no more capable of possession than annualrents or other debita fundi.—The Lords sustained the possessory Judgment.

Fol. Dic. v. 2. p. 91. Fountainhall.

*** See the particulars of this case voce Thirlage.