Sir Laurence Mercer of Aldie v. Francis Drummond of Hallhole
Date: 31 July 1725 Case No. No. 70.
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In a declarator of thirlage of the lands of Hallhole to Sir Laurence's mill of Little-our, the Lords found the lands astricted to the said mill: But as to the services, there being only a proof of Hallhole's assisting in bringing home the millstones, he therefore contended, That he was free from the other services, such as supporting the mill-house and dam-dikes.
It was answered; That the defender ought to be liable to all the usual services, as the legal consequence of the astriction, though the heritor might not have called the sucken to every particular service.
The Lords found, That the heritor of the mill had, in consequence of the astriction, right to the mill-services; and found the carriage of materials for supporting the mill-house was a natural service, as well as supporting the dam-dikes and carrying millstones, although the heritor might not have called the sucken to that particular service for the space of forty years.
Act. Ro. Craigie.Alt. Pat. Leith.Clerk, Gibson.
Edgar, p. 205.
