What Title requisite in the Positive Prescription.
Subject_3 SECT. VII.
What Title requisite for Thirlage?
Grierson v. Gordon
Date: 21 January 1681 Case No. No 129.
Thirlage was found to carry the multure both of stock and teind by prescription of possession, and also of all sold corns, but not to reach seed on horse-corns.
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Grierson, as heritor of the mill of Glenassen, pursues Gordon of Spadoch for abstracted multures, who alleged, That the fifth part of the grain must be free for the teind, which is always multure free, unless the thirlage had been consented to by the church-men; 2do, That he can be liable for no multure of the seed or horse corn; 3tio, That he can be liable for no multure of any grain as abstracted, but such as he grinds at other mills, and not for what he sells.
It was replied, That prescription is equivalent to consent; and it is offered to be proved, that the whole grain growing on the defender's land, without any abatement for teind, paid multure.
This reply the Lords found relevant; but found no multure due for seed, or horse-corn; but found multure due for all that was sold. See Thirlage.
Fol. Dic. v. 2. 107. Stair, v. 2. 839.*** The same case is mentioned by Harcarse:
Found, that where the minister hath not the teinds in victual, but in money, if the tenant grind the same, he ought to grind it at the master's mill, and pay multure therefor.
