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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Roxburgh v Robert Mein. [1785] Hailes 977 (21 July 1785)
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Cite as: [1785] Hailes 977
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[1785] Hailes 977
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 THIRLAGE.
Subject_3 The words, “cum molendinis et multuris,” in the clause of tenendas of a vassal's charter, import, per se, a discharge of Thirlage.
Date: Duke of Roxburgh
v.
Robert Mein
21 July 1785 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 349; Dict. 16,070.]
Braxfield. Supposing the lands to have been originally thirled, the charter 1517 imported a discharge. It makes no difference that, in 1734, that discharge is not repeated; for there was no need of continuing an exception once granted. I should have had a doubt whether paying in-town multures for 40 years would have been sufficient,—but there is no proof of that.
On the 21st July 1785, “The Lords declared immunity, and found expenses due.”
For Mein, R. Cullen.
Alt. R. Dundas. Concluded cause.
The electronic version of the text was provided by the Scottish Council of Law Reporting