Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. X.

Thirlage.

Mr John M'Leod
v.
His Vassals of Muiravenside

Date: 25 July 1727
Case No. No 68.

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A superior, whose vassals in their charters were thirled to his mill by a thirlage of omnia grana crescentia, having insisted in a process of abstracted multures; the vassals pleaded as to their bear, That they had prescribed an immunity from the thirlage, having brought no corns of that kind to the superior's mill, nor paid any sort of duty therefore, for the space of 40 years. It was answered, That the astriction being established in the defender's charters, they could perceive no right or immunity contrary to the tenor thereof; which was sustained. See Appendix.

Fol. Dic. v. 2. p. 101.

The Title Prescription is continued in Vol. XXVI.