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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sandilands v the Earl of Haddingtoun. [1672] 2 Brn 4 (21 June 1672)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Sandilands
v.
the Earl of Haddingtoun
21 June 1672 Click here to view a pdf copy of this documet : PDF Copy
A piece of land, which was a part of the barony of Torphichen, and astricted to that mill by a bond of thirlage, being acquired by the Lord Haddingtoun, and disponed to Coustoun, cum molendinis, &c. in the tenendas, and with absolute general warrandice; and Couston being distressed, recurred upon the warrandice;—the Lords found, That, although the clause cum molendinis, &c. in the tenendas, might empower the buyer to build a mill, and would exeem him, if the disponer had right to the mill of the barony to which it was anciently astricted, yet, seeing the buyer could not but suppose, that these lands, as all lands, were astricted to the mill of the barony, (to which the disponer had no right,) and did not in the warrandice specially provide against the astriction; the Lords found it did not fall under the general warrandice.
Page 294, No. 1.
The electronic version of the text was provided by the Scottish Council of Law Reporting