Scottish Court of Session Decisions

Subject_1 TEINDS.

Oliphant of Bachilton
v.
Smith of Methven

1748, July 13.
Case No. No. 27.

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The Lords found that we could not approve of a valuation by a sub-commission of a commission appointed by the Parliament 1641, because of the act rescissory 15th 1661, notwithstanding the salvo in that act, and in the 61st act 1661.—13th July.

The Lords having 13th July last refused to approve of the valuation of a sub-commission, they the same day, on report of Kilkerran, found Oliphant liable for 40 years bygone teinds, and found the rent proven, notwithstanding the Minister's discharges acknowledging payment of certain sums and victual as proportion of teind, which we thought very different from the case of Denny, whose receipts bore in full payment of teinds; and here there was a decreet of locality in 1650 recorded in our books in 1732; and this day we adhered as to repelling the defence on those discharges; but, as to the extent of the rent, found so far as the pursuer had proved the rent that must be the rule, but where he had not proved for any of the years, that for these years the old valuation in the sub-commission 1613 must be the rule, renit. Kilkerran, Tinwald, et me, 8th November. 6th December Adhered. 6th July 1749, Find the rent not proved before 1731, therefore the old valuation must be the rule till that time.