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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rankin v Morgan. [1743] 5 Brn 730 (21 June 1743)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Rankin
v.
Morgan
21 June 1743 Click here to view a pdf copy of this documet : PDF Copy
The Lords found, that a proprietor of a mill could not hold a multure court upon lands that were within the thirle but did not belong to him ; and therefore reduced the decreet for abstracted multures in totum, and would not so much as turn it into a libel. The ratio decidendi was the common principle of law, Extra territorium jus dicenti impune non paretur; and some of their Lordships carried it so far as to say, that an astriction to a mill gave no jurisdiction at all over another man's tenants, who, for that reason, they did not think would be obliged to answer to a court held upon the proprietor of the mill's own lands.
The electronic version of the text was provided by the Scottish Council of Law Reporting