Scottish Court of Session Decisions

Subject_1 THIRLAGE.

William Slowan
v.
Hugh Hawthorn of Castlewig

Date: 20 February 1765
Case No. No. 106.

A tacksman of a mill not entitled to deduction out of the rent for the multure of part of the thirled lands possessed and laid in grass by the proprietor of the mill.

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Hawthorn had let to Slowan the mill of Busbie, with multures, suckens, &c. During the currency of the tack, Hawthorn purchased the lands of Drummoral, being the most considerable farm within the thirle, took them into his own possession, and laid them in grass.

At the end of the tack, Hawthorn having pursued Slowan for arrears of rent before the Sheriff-depute of Wigton, Slowan craved deduction for the multures of the lands of Drummoral; which was denied by the Sheriff. Slowan presented a bill of advocation; and that having been refused, he preferred a petition to the whole Lords, pleading, that it was against equity he should be obliged to pay rent for multure which had been withheld from him. by the heritor himself; and that, if the heritor might do this with one farm, he might do the same with the whole lands within the thirle, and so ruin the tenant at his pleasure.

The Lords “adhered to the Lord Ordinary's interlocutor, and refused the bill.”

Petitioner, Robert Campbell. Fac. Coll. No. 9. p. 16.