BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Hamilton of Grange v Miller and Auld. [1717] Mor 16012 (27 December 1717)
URL: http://www.bailii.org/scot/cases/ScotCS/1717/Mor3616012-067.html Cite as:
[1717] Mor 16012
Click here to view a pdf copy of this documet : PDF Copy
Gargunnock, proprietor of the village of Saltcoats, in the year 1703, feued out some houses, and some parcels of ground, 40 or 50 feet square, adjacent to the houses, of no other use but to be kail-yards; and, in the disposition and feu-rights, ” thirles the feuers to come to the mill of his barony with their grindable corns and malt, and to pay the multures and services conform to the use of the barony.” The import of this thirlage being called in question, the feuers argued, That it imported only grana crescentia. The proprietor of the mill argued, That the nature of the subject points it out to be a thirlage of invecta et illata; for nothing being feued out but a house and a small parcel of ground, fit only for a yard, and that recovered from the sea, which, even supposing it fit for tillage, would not afford a handful of multure in a year; it must be no thirlage at all, or a thirlage of invecta et illata. The Lords found the feuers liable in payment of multure, not only for all their grindable corns growing within the thirle, but for all other corns which they should bring into the thirle to be consumed there, and for all malt, whether grinded or not, brought in and brewed within the thirle; but found, That such corns and malt imported only in the way of trade for exportation or sale, and not grinded or consumed within the thirle, are not subject to the payment of multures.—See Appendix.
