Scottish Court of Session Decisions

Subject_1 DECISIONS OF THE LORDS OF COUNSEL AND SESSION, REPORTED BY ALEXANDER TAIT, CLERK OF SESSION,

ONE OF THE REPORTERS FOR THE FACULTY.
Subject_2 CHURCH-YARD.

v.

Click here to view a pdf copy of this documet : PDF Copy

Sir George Mackenzie, in his Observations, p. 293, states this doubt:—“Quer. To whom a coal found in a church-yard, or trees growing there, will belong ;—whether to the heritors, the poor, the patron, or the minister?”

Forbes says, the minister has right to shear the grass in the church-yard, but not to cut the trees. Inst. p. 86. On Tithes, p. 214, 215.

As to the custom and use of planting trees in church-yards, see Barrington on the Statutes, p. 150.

As to the law of England concerning trees in church-yards, see Neilson's Rights of the Clergy, p. 173.

It is said, that there is a decision of the Court of Session, finding that the tree in a churchyard belongs to the heritors. But I cannot find any such collected.

In the Gray Friars, the trees serve for marks to direct the grave-diggers in opening the graves by proper rotation.