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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Low of Brackley v Beatson of Mawhill. [1740] 2 Elchies 387 (16 December 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies020387-005.html |
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Subject_1 MULTURES, (THIRALGE.*)
Date: Low of Brackley
v.
Beatson of Mawhill
16 December 1740
Case No.No. 5.
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A suckener in constant use of coming to the mill, if he abstracts, and in the issue is found astricted, he is liable for his bygone abstractions, however probable his plea of immunity might have been, and though for that very reason he should not be found liable for expenses; because he should not have inverted the use of going to the mill till he had got his immunity declared. 2dly, Whether the miller is bound to carry the corns? he is only obliged to send such a number of horses as used to be kept at the mill, with a competent number of servants for leading them, but the suckener must furnish servants to load the horses. (See Dict. No. 77. p. 16017.)
The electronic version of the text was provided by the Scottish Council of Law Reporting