Scottish Court of Session Decisions

Subject_1 UNION.

Alexander Hamilton
v.
Sir John Ramsay

Date: 1 December 1686
Case No. No. 14.

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Alexander Hamilton, macer, pursues Sir John Ramsay of Whitehill, and David Plenderlieth of Blyth, writer, for declaring, that they, their lands and tenants, are astricted to the mill of Newlands, as being the Abbot of Newbottle's mill there, and they being vassals and feuers of the Abbacy. Alleged, They bruik by old feus, prior to his right, containing no astrictions; and his infeftments do not per expressum mention their lands; 2do, His sasine is null, bearing only the symbol of tradition of earth and stone, whereas a mill is distinctum tenementum, and requires delivery of the clap and happer. Answered, That his charter bears a dispensation to take infeftment at the manor-place of Coldcoats for the whole. Replied, This was not sufficient, seeing it was not erected into a barony. The Lords, on Saline's report, sustained his sasine as a sufficient active title.

Fountainhall, v. 1. p. 432.