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Scottish Court of Session Decisions >>
Lockhart of Carnwath v Denham of Westshields. [1736] Mor 16016 (17 February 1736)
URL: http://www.bailii.org/scot/cases/ScotCS/1736/Mor3616016-075.html Cite as:
[1736] Mor 16016
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A clause in a vassal's charter, “bearing the vassals, and the tenants and possessors of the lands, to be astricted to the superior's mill, and to carry thereto all their grindable grains growing on these lands, which they shall happen to grind,” was found to be an astriction not only of the grain grinded for the necessary use of their families, but also of all grain growing on the lands which the vassals, tenants, or possessors, should happen to grind for other uses, they being bound to pay therefor in-sucken multure, knaveship, and bannock, as stipulated by the clause in the charter.
But the Lords were unanimously of opinion, That the superplus of the corns not necessary for the consumption of the families might be lawfully exported in kind, in case they were not grinded, without being liable for any multure.—See Appendix.
