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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v Shaw. [1744] 5 Brn 740 (12 December 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Brn050740-0908.html Cite as: [1744] 5 Brn 740 |
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[1744] 5 Brn 740
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Robertson
v.
Shaw
12 December 1744 Click here to view a pdf copy of this documet : PDF Copy
It was allowed, in this case, that a servitude of thirlage to the mill of a barony, may be constituted by the tenants of the barony constantly coming to the mill and paying insucken multure for the space of forty years. This seems to come something near the principle established in the decision, July 17, 1629,
Newliston against Inglis, that the lands of a barony are naturally astricted to the mill of a barony, and that such astriction is a servitude inherent in them. But it was found that, in this case, the suckeners were obliged to no mill-services, in respect there was no proof that they had ever performed any; and therefore, as the servitude was here constituted by prescription, the maxim took place, tantum præscriptum quantum possessum: so there may be a thirlage of multures without services, but not of services without multures; as was found, November 20, 1739, Stuart against Stuart. Dissent. Præside.
The electronic version of the text was provided by the Scottish Council of Law Reporting