AI-transcribed

Obligation to do suit to a mill.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Thirlage

Case Date Legal Subject Abstract
Alexander Stewart v. John Isat 1773 Burgh, Tax, Thirlage, Jurisdiction, Tack, Interlocutor This case was about the implementation of an act of Parliament that authorized the town of Glasgow to impose a duty on beer and ale. Alexander Stewart, the collector of the duty, sued John Isat over an alleged arrear. In response, Isat claimed that he was being charged more than other brewers. He argued that the magistrates could not force an individual to pay higher charges than others who were similarly situated. Stewart, defending Glasgow’s magistrates, argued that they were entitled to charge Isat the full amount authorized by statute. He explained that brewers were charged different rates because the magistrates generally reduced the duty on brewers who paid dry multure (i.e., a toll for milling) to the town. Isat disputed this as a factual matter and argued that the magistrates could not use the duty to compel individuals to accept a servitude to the town’s mills.
Belsches v. Paterson and Anderson 1786 Tack, Thirlage, Interlocutor, Decreet-Arbitral, Charter, Reduction Robert Belsches pursued the action against Mrs Mary Paterson and Alexander Farquharson regarding the extent of thirlage over the lands of Greenyards. Belsches argued that the thirlage did not extend to wheat or barley, while Paterson and Farquharson maintained that the lands of Easter Greenyards were thirled to the mill of Skeoch for omnia grana crescentia.
Campbell v. Tod 1785 Aliment, Succession, Prescription, Possession, Tack, Thirlage Doctor Robert Campbell, pursuer, petitioned the Court to alter its recent interlocutor in the action against Tod. Based on the single document cataloged for this case.
Corbet v. MacKenzie 1777 Property rights, Bleachfield, Thirlage, Aliment, Possession, Succession In November 1740, John MacKenzie's father (John MacKenzie) feued part of Carmyle. He was granted exclusive rights to the water in the bogs adjacent to the property, which had previously been commonly-held. The late MacKenzie then converted part of his lands to a bleachfield, and diverted the rivulet between Carmyle and Kenmuir to his property. After the death of his father, the younger John MacKenzie extended the bleachfield, and built wash-mills and a print-field on the land. He built a reservoir and a dam in the stream that James Corbet claimed diverted "every drop" of the burn-march to his property. In the late 1770s James Corbet brought action against John MacKenzie, declaring that a company in Glasgow had proposed that Corbet establish a bleachfield in Kenmuir, and he now required use of the burn-march. James Corbet argued that John MacKenzie was required to undo his diversions so that the rivulet could be shared with Kenmuir. John MacKenzie answered that his business depended on this diversion, which neither James Corbet nor his father had objected to in the past. He further argued that Kenmuir was not suitable land for a bleachfield owing to its lack of sun. Indeed, MacKenzie contended that Corbet was acting out of malice, and desired the destruction of the Carmyle bleachfield. Numerous local inhabitants acted as deponents in the case.
Duckett v. Williams 1832 Fraud, Insurance, Aliment, Thirlage, Policy coverage, Evidence
General Greme's Trustees v. Thomas Bruce 1799 Aliment, Thirlage, Trustees, Arbitration, Succession, Sale Thomas Bruce pursued General Greme's Trustees to void his purchase of the Braco estate, alleging the trustees had concealed a material alteration to the course of Keir Burn that diminished the property's value and safety. The trustees denied withholding information and argued that any damage was compensable and insufficient to annul the bargain. Bruce additionally sought authority to alter the burn's course, prompting disputes over jurisdiction and damages, while technical reports assessed flooding risks and construction costs.
Grant v. Duff 1773 Adjudication, Freeholder, Succession, Valuation, Sasine, Thirlage Alexander Grant, Esq., younger of Dalvey, as pursuer, petitioned the Court to permit his enrollment as a freeholder of Elgin on the grounds of his proven valuation of lands and fishings, with Duff as defender. Based on the single document cataloged for this case.
Hepburn and Massow v. Duff and Davidson 1793 Prescription, Tack, Aliment, Thirlage, tenant, Sasine Robert William Duff and his tenant John Donaldson, defenders in the action by Hepburn and Massow, petitioned against Lord Monboddo's interlocutors. Based on the single document cataloged for this case.
Inhabitants of the Parish of Crailing v. Hunter 1791 Prescription, Heritor, Adjudication, Inhibition, Aliment, Thirlage The inhabitants of the Parish of Crailing petitioned as pursuers in May 1791 to overturn a recent interlocutor against the defender Mr. Hunter, citing ancestral burial rights and a 1763 Sheriff judgment. Based on the single document cataloged for this case.
Isabel Howie, Martha Buik, and the Kirk-Session of Alyth v. The Kirk-Sessions of Arbroath and St Vigean's 1799 Aliment, Statute, Interlocutor, Thirlage, Estate Settlement, Heritor This case was about how to determine which parish should pay for the maintenance of an impoverished child. The child, Anne Coathill, was born in Arbroath, but she and her parents, James Coathill and Janet Buik, soon moved to St Vigeans. After Janet died, Anne was sent to live with relatives in Alyth, including pursuers Martha Buik and Isabel Howie. Joined by the Kirk-session of Alyth, these relatives sought maintenance from the parishes of Arbroath and St Vigeans. Case documents include several depositions.
John Aitchison and others v. The Magistrates and Billet-Master of Haddington 1795 Interlocutor, Burgh, Thirlage, Suspension, Representation, Magistrate
John Scott and Others v. The College of Glasgow 1792 Teinds, Valuation, Heritor, Teind, Tack, Thirlage John Scott of Heatherieknow and others pursued the Principal and Professors of the College of Glasgow regarding the payment of valued teinds in victual. The College petitioned the Court to alter its recent interlocutor on 28 May 1792, submitting a reclaiming petition, and Scott and others answered on 11 October 1792, responding to the demand for payment.
Lord Halkerton v. Scott 1769 Interlocutor, Aliment, Presumption, Thirlage, Removing, Innovation Lord Halkerton pursued James Scott of Brothertown regarding a causeway and cruive-dyke alleged to obstruct salmon passage. Scott condescended upon a proposal to sink part of his causeway to confine water within keying-stones, intending to remove objections to the construction. The superior heritors answered, arguing that the proposed alteration would not remedy the obstruction to salmon passage.
M'Duff v. Murray 1792 Rent, Tack, Thirlage, Aliment, Proof, Prescription Alexander M'Duff of Bonhard, Esquire, and James Bell, his tenant, petitioned the Court as pursuers to alter an interlocutor pronounced by Lord Henderland. John Murray of Murrayshall, Esquire, and Andrew Robertson, his tenant, appeared as defenders and answered the petition and an additional petition.
M'Leod v. Incorporation of Bakers 1784 Tack, Thirlage, Possession, Aliment, Tax, Charter Malcolm M'Leod, tackman of the ladle-dues, pursued the Incorporation of Bakers of Glasgow for payment of ladle-dues on wheat and flour, including grain ground at the Partick mills. After M'Leod proved that such dues applied to all wheat entering Glasgow including that ground at Partick, the Bakers petitioned to alter the interlocutor and claimed immunity, whereupon M'Leod answered and produced a 1693 decree-arbitral between the Town and the Bakers. Following remits from the Lord Ordinary, the Bakers argued that the Magistrates had no right to levy dues on grain brought to Partick without entering the city, while the Magistrates maintained their entitlement to levy on such grain.
Mackenzie and Dunbar v. Mackenzie 1793 Succession, Property, Prescription, Thirlage, Debt, Tack Sir Hector Mackenzie defended against a thirlage petition by Mackenzie and Dunbar regarding the Logierioch lands, arguing that his obligations were limited by custom rather than feudal tenure and that tenants had long paid no multure for grain. Based on the single document cataloged for this case.
Mackenzie v. Ross 1792 Interlocutor, Thirlage, Adjudication, Tack, Res judicata, Debt Kenneth Mackenzie pursued Sir Charles Ross and others to enforce a thirlage over the defenders' lands, claiming an obligation covering all growing grains, while Ross contended the servitude was limited to grindable corn and raised res judicata. The litigation involved procedural disputes regarding expenses incurred since 1786 and reponing, with Mackenzie petitioning to alter interlocutors and Ross reclaiming against rulings on the thirlage's scope. The defenders also submitted information regarding Hugh Ross's enlistment as a soldier in 1791, arguing that his refusal to attest did not absolve him from its legal consequences, and Mackenzie answered Ross's petition, which denied thirlage and pleaded res judicata.
Magistrates of Dunfermline v. Lord Monboddo's Interlocutor 1789 Tack, Interlocutor, Thirlage, Possession, Onus Probandi, Burgh The Magistrates and Town-Council of Dunfermline petitioned the Court to alter Lord Monboddo's interlocutor. Based on the single document cataloged for this case.
Ramsay v. Moray, et al 1794 Heritor, Succession, Glebe, Valuation, Thirlage, Inhibition John Clerk petitioned the Court to alter its interlocutor against the heritors of his parish, which suspended his right to dig and sell marl from his glebe. Based on the single document cataloged for this case.
Smart v. Beattie 1771 Aliment, Sasine, Tack, Interlocutor, Thirlage, Suspension In Smart v. Beattie, Alexander Smart, James Croal and his Curators, and David and John Croals petitioned the Court to alter its recent interlocutor regarding thirlage obligations at the mill of Halkerton. Based on the single document cataloged for this case.
Trustees upon the Berwickshire Turnpike Roads v. Mayor, Bailies, and Burgesses of the Borough of Berwick 1793 Trustees, Thirlage, Mala Fides, Statute, Interdict, Act of Parliament The Trustees upon the Berwickshire Turnpike Roads defended the placement of a toll-bar on the Eyemouth road against the Mayor, Bailies, and Burgesses of the Borough of Berwick, who sought suspension of the tolls under a 1793 turnpike act. The Corporation argued that the trustees had violated the statute by situating the gate closer to Eyemouth than to Berwick, thereby creating unequal distances prohibited by the act. The Trustees maintained that the gate was properly positioned as near as may be to the required distance from Berwick and that the Corporation's bill of suspension lacked legal foundation.

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