Click here to view a pdf copy of this documet : PDF Copy
In a reduction and improbation at the instance of an heritor of land, against the heritor of a mill, to which mill his lands were pretended to be astricted; the Lords refused to sustain this general conclusion, that the defender should produce all writs which might import thirlage, in respect there might be writs importing thirlage consequentially, of which the defender was not obliged to know what the import might be; and it were hard that upon pretence of such an interest, the defender should make his charter chest patent to the pursuer; and the pursuer had a remedy if he apprehended that the defender might trouble him upon the pretence of writs which might consequentially import thirlage, viz. he might force him to produce the same by intenting a negatory action and declarator of freedom.
