Scottish Court of Session Decisions

Subject_1 THIRLAGE.

Urquhart
v.
Tulloch

Date: 17 November 1750
Case No. No. 94.

If a mill can be built within another heritor's thirle?

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The question was stated in a bill of suspension, How far one is at liberty to build a mill upon his own property, which lies within the thirle of another heritor’s mill? For the affirmative, the authority of Craig was referred to, Lib. 2. Dieg. 8. § 8. which seems to be very express. For the negative, the authority of Stair, Tit. Servitudes Real, § 23. which is no less express, that the building of a mill within the thirle, on pretence of getting voluntary or out-sucken multure may be stopped, as the use of querns may be; and two decisions observed by Fountain-hall, one of February 28, 1684, M’Doual against M’Culloch, No. 4. p. 8897; and another, February 28, 1695, Crawfurd of Carsbarn against Sir John Shaw of Greenock, No. 5.p. 8898.

The Lords, on report, as the point merited a judgment, “ Remitted to the Ordinary to pass the bill.”

And when afterwards the suspension came to be discussed, the Lords “ Suspended the letters, and found that the building could not proceed.”

Kilkerran, No. 15. p. 577.