Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Bandoner
v.
Collier

1672. December.

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One Mr Bandoner being infeft in the mill of a barony by the abbot of Culross, with the multures and astrictions thereto belonging in general, without the words, omnium bonorum crescentium in terris, &c. pursued one Collier for the abstracted multures of barley. Alleged for the pursuer, That the defender being thus astricted, and having no clause cum molendinis in his infeftment, use of coming to the mill with any corn, as oats, was sufficient to save the prescription of liberty for the barley, although they were not able to prove that barley came, or that there were abstracted multures recovered for barley, this being the mill of the barony. The Lords generally inclined to think, that, astriction being only general, and not omnium granorum, &c. the possession of grinding oats was not enough to prove the use of grinding barley and other grain; although it were enough if the astriction was omnium granorum crescentium in terris of the lands astricted; as was found in Waughton's case, June 26, 1635,—December 1672. The like in Oliphant of Condy against Oliphant of Rossy, July 4, 1673, where the defender, by his charter, was astricted to bring omnia grana crescentia, semine et decimis exceptis.

Page 294, No. 2.