Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

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1628. March 20, 22, and 25.

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No process against any tenants for abstracted multures, if their master, who is heritor, be not summoned, though it be alleged that they were in continual use of bringing their corns to the pursuer's mill as thirled thereto, and of paying the accustomed dues in thirlage past memory of man.—20th March 1628.

In the same action, Alleged by the defenders, that the summons was not relevant for the knaveship, bannock, gowpen, &c. because these particulars are only due to the miller and his servants for their attendances, and not to the master; and therefore could not be craved, unless their corns had been grinded there. Replied, That ought to be repelled, in respect of his infeftment bearing him to be infeft in the multures with the sequels; in fortification whereof he offers to prove continual possession of the same. The allegeance was repelled, in respect of the reply.—22d March 1628.

Ibid. Alleged, No process upon the summons; because the pursuer never libelled what particular quantity of corns grew upon the particular lands, so that it could not be known what the multures came to, (for the libel bore thus, And true it is, that he, and he abstracted their whole corns growing on their lands of, &c. extending to so many pecks, &c. of multure.) The Lords sustained the libel, in respect the particular quantities were referred to the defender's oaths. —25th March 1628.

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