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David Greig, Proprietor of the Mill of Milnathort, and his Tacksman, v Robert Reid and Others. [1781] Mor 16068 (14 June 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor3616068-116.html Cite as:
[1781] Mor 16068
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[1781] Mor 16068
Subject_1 THIRLAGE.
David Greig, Proprietor of the Mill of Milnathort, and his Tacksman, v. Robert Reid and Others
Date: 14 June 1781 Case No. No. 116.
By use and wont the term “grindable grain” may infer the same as grana crescentia.
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In this case, the charter and feu-contract, by which the pursuer acquired right to the mill, bore the astriction of all grindable grains, which, from the unfavourable nature of thirlages, is interpreted to mean only such grains as the tenant has occasion to grind; but it was proved that the practice of the parties beyond the years of prescription had understood it to be the same as an astriction of grana crescentia. And the Lords, upon this use and wont, found “all the oats thirled, seed and horse corn excepted.”
Reporter, Lord Braxfield.Act. John M'Laurin.Alt.Clerk, Menzies.
Fac. Coll. No. 57. P. 97.
