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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Town of Musselburgh v Wauchope, &e. [1743] 1 Elchies 298 (20 December 1743)
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Cite as: [1743] 1 Elchies 298
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[1743] 1 Elchies 298
Subject_1 MULTURES, (THIRLAGE.)
Town of Musselburgh
v.
Wauchope, &e
1743 ,Dec. 20 .
Case No.No. 10a.
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We found as we had done in the case of the Earl of Wigton against the Town of Kirkintilloch, (No. 3.) that in a general constitution of a thirlage, not only thirlers are liable where they sell their own grain and buy meal or malt, but also that though they have none of their own, yet if they buy grain in order to be grinded for their families, they must pay multure; but not for grain bought and thereafter grinded for sale; though they are liable for their own grain grinded by them for sale. But we were much divided as to flour in the case of their selling wheat and buying flour for their family, whether that was thirled? and it carried thirled, six to five.—Murkle did not vote. The President was for the interlocutor, as I also voted. Arniston was against it,
The electronic version of the text was provided by the Scottish Council of Law Reporting