[1605] Mor 5143
Subject_1 GLEBE.
Subject_2 SECT. VI. A Glebe being designed and possessed, there cannot be second designation.
Date: Nairn
v.
Tweedie
25 May 1605
Case No.No 23.
A glebe being designed and possessed a new designation was refused; but there being a dispute about the quantity, the Lords ordained it to be again measured.
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Nairn minister of Linton having obtained designation of his glebe, and thereupon charged Simon Tweedie, who suspended upon an anterior designation
made to the same minister of before, and possesion of the minister conform thereto, in respect whereof his letters could not have execution upon any new designation; and because it was answered by the minister, That both the designations were of the self same land, and that the first being over little, was met and marched lawfully and orderly; the Lords ordained the parties to agree upon a common metster to measure the glebe rightly, that the minister may possess conform thereto. Farther the minister charged Tweedie, to laying feal, feul, and divot, conform to the quantity and proportion of his glebe, to the hail kirk-land. The Lords found by interlocutor, that if the feuar of the kirk land had any common pasturage in any commonty, the minister should have the like privilege for the quantity of his glebe; but should have no pasturage nor other privilege in the feuar's proper kirk-lands.
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