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.

Andrew Kirk
v.
William Gilchrist

Date: 19 February 1629

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Mr Andrew Kirk, minister at Glendovan, being provided to 500 merks of local stipend out of the teinds of the parish, charged William Gilchrist, possessor of the lands of Easter Whitehill, for 20 pounds, as his proportional part. He suspended upon a negative reason, That he possessed not these lands. Answered, That he offered to prove that he occupied the said room, by pasturing of as many kine and sheep the vicarage whereof would amount to the sum acclaimed. Replied, Any possession he had was by taking of the same room from Sir Patrick Monipenny to grass his goods, for which he paid him a certain grass-mail, and that he had made payment of the said mail to Sir Patrick before the charge. The Lords found the letters orderly proceeded, in respect the minister might take him either to the heritor or to the possessor of the room for payment of the teind-duty.

Page 191.