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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Rankin v Morgan. [1743] 5 Brn 730 (21 June 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Brn050730-0889.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: Rankin
v.
Morgan
21 June 1743 Click here to view a pdf copy of this documet : PDF Copy
The Lords found, that a proprietor of a mill could not hold a multure court upon lands that were within the thirle but did not belong to him ; and therefore reduced the decreet for abstracted multures in totum, and would not so much as turn it into a libel. The ratio decidendi was the common principle of law, Extra territorium jus dicenti impune non paretur; and some of their Lordships carried it so far as to say, that an astriction to a mill gave no jurisdiction at all over another man's tenants, who, for that reason, they did not think would be obliged to answer to a court held upon the proprietor of the mill's own lands.
The electronic version of the text was provided by the Scottish Council of Law Reporting
