Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

John Cheyne, Parson of Kinkell,
v.
The Laird of Coulter

Date: 18 February 1629

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Mr John Cheyne, parson of Kinkell, sought to have a tack, set to the Laird of Coulter by one of his predecessors, reduced, upon this reason, That it was not set with consent of the chapter, at the least the most part of them being alive for the time, on whom he condescended particularly, such and such men, ministers of such and such kirks. Alleged, That the pursuer behoved to prove that these persons were lawfully provided to these kirks, and had vocem in capitulo et stallum in choro, and were in decennali et triennali possessione thereof. Replied, It was sufficient for him to say that they were ministers of such kirks and in possession of these benefices; likeas he offered him to prove that they were in use to give their consent to the setting of such tacks before. Which the Lords found sufficient; and, in respect thereof, repelled the exception.

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