Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Low of Brackley v Beatson of MawhilL [1742] 1 Elchies 297 (14 July 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010297-009.html
[New search] [Printable PDF version] [Help]
Subject_1 MULTURES, (THIRLAGE.)
Low of Brackley
v.
Beatson of MawhilL
1742 ,July 14 .
Case No.No. 9.
Click here to view a pdf copy of this documet : PDF Copy
I Notice this only because, in order to fix a rule, the Lords, instead of adhering to my interlocutor, pronounced a new interlocutor determining the import of a clause of
thirlage of all grindable corns growing upon the lands, and gave the same decision as we did in the case of Carnwath, in January 1736, (No. 2,) viz. that it imports all grain growing on the lands that are necessary for the use of the families, or that they shall grind for sale or other uses; and therefore adhered, and refused. The President was of a different opinion, but he was solus. However he moved that it should be a split new interlocutor, to the end the point might be fixed.
The electronic version of the text was provided by the Scottish Council of Law Reporting