Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Alexander Home of Linthill
v.
Sir Lawrence Scott

Date: 28 January 1675

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Linthill, as having right, by progress, to the Mill of Eymouth, with the astricted multures, from William Home of Lochtilloch, who had a feu of the said mill from the abbots of Coldinghame in anno 1535, did pursue the tenants of Eymouth, belonging to Sir Lawrence Scott, for abstracted multures.

It was alleged for Sir Lawrence, That his lands were disponed to him by the Laird of Wedderburn, and were a part of the barony of Wedderburn, wherein his predecessors were infeft cum molendinis et multuris, and did build a mill upon his lands, now belonging to the defender; and the tenants have been in use of grinding their corns at the said mill these forty years bygone, without interruption; whereby they had acquired a right and immunity in law, by prescription.

It was replied, That the pursuer not only had the undoubted right by infeftment, but likewise had several acts of court, and a decreet of the Lords of Session, against the tenants of Eymouth; conform whereunto he offered him to prove that the tenants were in use to come to the mill within these forty years.

It was replied, That these acts of court were only made by the pursuer's authors themselves, or others who were thirled to their mill; and, for the decreets of the Lords, it was not against the Laird of Wedderburn, nor he called, and so he could not be prejudged thereby.

The Lords did find, That Sir Lawrence, his right flowing from the Laird of Wedderburn, could not be prejudged by any acts or decreets whereto he was not called, and that his tenants, going to Linthill's mill voluntarily, could not wrong him; and so admitted to his probation, that Wedderburn and his tenants have been these forty years in possession of going to his own mill without interruption.

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