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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Grierson of Chappel v Gordon of Spadoch. [1679] 2 Brn 6 (15 January 1679)
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Cite as: [1679] 2 Brn 6
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[1679] 2 Brn 6
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Grierson of Chappel
v.
Gordon of Spadoch
15 January 1679 Click here to view a pdf copy of this documet : PDF Copy
The Abbot of Halywood having disponed a piece of land-feu, with a mill that was on it, and the sequels, reddendo five merks, and the multures of the lands feued;—it was alleged against an action of abstractions, 1. The word sequels implies the multures, and the clause in the reddendo of multures is inconsistent, and seems an error. 2. The mill to which the pursuer would have the defender's lands astricted, is not within the barony and abbacy; and the mill of the barony and abbacy being ruinous, the defender might grind his corns where he pleased. The Lords repelled the first defence, in respect of the quality of astriction in the reddendo, and found the disposition of the mill was only for outsucken multure, and did not extend to the lands feued; but found the second defence relevant, That the mill was not in the barony, unless he would prove that the defender had been in use to come to the said mill, though without the barony, for the space of forty years.
Page 294, No. 5.
The electronic version of the text was provided by the Scottish Council of Law Reporting