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Scottish Court of Session Decisions >>
Major Buntin v Robert Boyd. [1682] Mor 15986 (17 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor3615986-044.html
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Found that a prior feu of lands, for a duty pro omni alio onere cum molendinis in the tenendas, (for these words are never put in the dispositive clause, except where a mill is already disponed) liberates from astriction, although the pursuer had the mill disponed after the feu of the lands, with the thirle multures of these lands per expressum; and since the feu the heritor and his tenants were in use to grind at the pursuer's mill, because that was meræ facultatis, so long as there was no compulsitor, or sentence for abstracted multures.
