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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scott of Bavelaw v Calderwood of Polton. [1776] 5 Brn 627 (25 June 1776)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 THIRLAGE.
Date: Scott of Bavelaw
v.
Calderwood of Polton
25 June 1776 Click here to view a pdf copy of this documet : PDF Copy
The tenants of Buteland were, by their tacks, thirled to the mill of Bavelaw : this had been the case for a very long period successive.
The proprietor of Bavelaw sold the lands of Buteland to Calderwood, with absolute warrandice against all burdens, &c. in common style, but without mention of thirlage, further than assigning to the tacks in which it was contained. In an action against the purchaser and his tenants, for abstracted multures, the Lords found that the thirlage took place during the currency of the present tacks, but assoilyied quoad ultra.
Thirling tenants by their tacks, is no proper manner of constituting thirlage, so as to make it a real servitude, and binding on singular successors ; see Erskine, B. 2, tit. 9, $ 21. It is considered as any other personal burden on the tenants, and expires with their tacks.
The electronic version of the text was provided by the Scottish Council of Law Reporting