Scottish Court of Session Decisions

Subject_1 THIRLAGE.

Bruce Stuart of Blairhall
v.
Colonel John Erskine

Date: 17 November 1741
Case No. No. 82.

Negative prescription of thirlage.

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Found, That tenants of astricted lands, not having been in use to come to the mill for the space of 40 years, but having been in use to pay a dry multure for bear, immunity was acquired by the negative prescription, except as to said dry multure. But the Lords were of opinion, though they had not occasion to give a particular judgment, That where a tenement is astricted which comprehends different mailings, and where the thirlage of the tenement is preserved from prescription, though one of these mailings, part of the tenement thirled, should not have come to the mill for 40 years, the astriction of it would be preserved from prescription by the coming of the other tenants of the same tenement.—See No. 76. & 80.

Kilkerran, No. 8. p. 574.