[1698] Mor 10644
Subject_1 POSSESSORY JUDGMENT.
Subject_2 SECT. V. In what Subjects Possessory Judgment takes place.
Date: Stewart
v.
Grant of Elchies
26 January 1698
Case No.No 41.
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In a process of abstracted multures, the defender having pleaded a possessory judgment upon a right to his lands cum molendinis et multuris, in consequence of which right he had a miln upon his own ground, and did grind his corns there above seven years; it was answered, That thirlage is res incorporea, no more capable of possession than annualrents or other debita fundi.—The Lords sustained the possessory Judgment.
*** See the particulars of this case voce Thirlage.
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