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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tarras v Innes. [1740] 5 Brn 689 (22 January 1740)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Tarras
v.
Innes
22 January 1740 Click here to view a pdf copy of this documet : PDF Copy
It was debated, in this case, whether the lowest kind of thirlage, when neither the invecta et illata nor omnia grana crescentia are thirled, extends to the farm-meal, or only to the meal which the tenants have occasion for, for the use of their families.
The Lords found, That, in this case, it did not extend to the farm-meal; but the most of them founded their opinion upon the specialty of a res judicata, in
respect there was an interlocutor of an Ordinary, not reclaimed against, regulating the thirlage in manner above expressed. So that the general point remains yet undetermined.
The electronic version of the text was provided by the Scottish Council of Law Reporting