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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v M'Culloch. [1745] 1 Elchies 487 (13 June 1745)
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Cite as: [1745] 1 Elchies 487
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[1745] 1 Elchies 487
Subject_1 THIRLAGE.
Murray
v.
M'Culloch
1745 ,June 13 .
Case No.No. 2.
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The question was the proof of the constitution of a thirlage, where there was no title, only decreets of the mill court from 1697, and some years after, but by what authority these courts were held did not appear. The use of coming to the mill had been discontinued from the year 1727, and there was proof of coming to the mill for upwards of ten years before the 1727, and paying not only in-town multures (which were very easy, the 25th part, and by the proof less than the out-town by the difference of shilling seeds) but also of paying all sorts of mill services, paying thatch, and paying money for one of the two mill-stones, the master paying the other. The Lords nem. con. found the thirlage constituted; and Arniston thought that paying in-town multures was pretty near the same with paying dry multures.
The electronic version of the text was provided by the Scottish Council of Law Reporting