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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bell of Grib v Gibson. [1776] 5 Brn 628 (3 July 1776)
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Cite as: [1776] 5 Brn 628
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[1776] 5 Brn 628
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Date: Bell of Grib
v.
Gibson
3 July 1776 Click here to view a pdf copy of this documet : PDF Copy
Every presumption is in favour of liberty. It has however been argued that thirlage to the mill of a barony was more easily to be presumed than in other cases, or, at least, more slender evidence of it sustained; and, in support of this, has been quoted, 17th July 1629, Laird of Newliston, observed by Durie. But this is a single decision, and was never so found again. On the contrary, see 12th July 1621, Douglas; and 13th July 1632, E. of Morton. By these decisions it is established, that there is no general presumption in law of the lands in a barony being thirled to the mill thereof, without any constitution of a thirlage whatever. So argued.
And in a reclaiming petition and answers for the same parties, — August 1776.
The electronic version of the text was provided by the Scottish Council of Law Reporting