What Title requisite in the Positive Prescription.
Subject_3 SECT. VII.
What Title requisite for Thirlage?
Davidson v. Tenants astricted to the Mill of Ord
Date: 24 January 1629 Case No. No 114.
Found in conformity with Ogilvie against Tenants, No 111. p. 10849.
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Mr William Davidson pursues the tenants astricted to the mill of Ord, whereof the pursuer was fiar, for multure of invecta et illata which had tholled fire and water within the ground astricted to his mill. It was answered, That his infeftment bore no such express clause. To which it was replied, That the tenants have been in use to come with all that has tholled fire and water. To which it was duplied, That a voluntary custom could not induce against them, and their successors, a perpetual servitude. The Lords found the exception and duply and relevant.
