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Scottish Court of Session Decisions >>
Blackburn v - . [1628] Mor 15966 (27 June 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor3615966-018.html Cite as:
[1628] Mor 15966
Found that a town's act of thirlage of invecta et illata, did not extend to corn only stacked within the town.
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William Blackburn and the tenants feuers of Inverkeithing, pursued certain of their inhabitants for abstracting of their multures from their town mill, whereunto the hail burgesses of Inverkeithing were thirled by two acts, excerpt out of their town books, and subscribed by themselves; which acts bore, That they thirled all the corns brought into the town by them; and the defenders having taken some acres in labouring from Spencerfield, who astricted them to grind at his own mill all their corns growing upon his own land; they raised a double poinding against him and the feuers, who pursued them likewise, and for the same multures of the same corns which grew upon Spencerfields lands, by reason the defenders used to bring in these corns, and stack them in their own yards in the town. The Lords found that the act extended not to such corns that were only stacked in the town, and tholed not fire and water in the town.
Kerse MS. p. 455.*** Spottiswood reports this case:
William Blackburn and the remanent feuers of the mills of Inverkeithing pursued certain of their own inhabitants for abstracting of their multures from the town mill, whereunto the whole burgesses of Inverkeithing were thirled by two acts extracted out of the town-books, and subscribed by the town-clerk; which acts bore, that they thirled all their corns brought into the town by them. And. the defenders having taken some acres of Spencerfield in labouring, who astricted them to ground at his own mill all their corns growing upon his land, they raised, a double poinding against him and the feuers, who pursued them likewise for the multures of these same corns growing upon Spencerfield's land, by reason that the defenders used to bring in their corns, and stack them in their own yards in the town.—The Lords found that the act extended not to such corns that were only stacked in the town, and tholed not fire and water therein.
Spottiswood, p. 207.
*** The following is the same case with the above, under other names and date.
