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Subject_1 MULTURES, (THIRLAGE.)
Loud Maxwell
v.
Portioners of Holy-Wood
1740 ,Jan 22 .
Case No.No. 4.
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The Lords, on consideration of the rights, that it appeared that the mill belonging to the charger, as well as lands of the suspenders, were part of the ancient Barony of Holy-wood, belonging to the Abbacy of Holy wood, and having also considered the proof, found the defenders astricted, and remitted to the Ordinary to proceed accordingly. But they would not determine upon the footing of the Ordinary's interlocutor, that it was the mill of a barony;—which many of us thought not sufficient; but that it was a mill belonging to Churchmen. This indeed is against the decision 17th July 1677, Ross against M'Kenzie, which I shewed them, and was read. (Dict. No. 1.25, p. 10,866.) But we thought, it not law.
The electronic version of the text was provided by the Scottish Council of Law Reporting