Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Mershall
v.
The Laird of Drumkilbo

Date: 13 March 1629

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One being presented to the chaplainry of Dunkeld, pursues the Laird of Drumkilbo for £100, addebted to the said chaplainry, furth of his lands of Lethindie, before the commissary of Dunkeld, and obtains decreet for null defence, for three years' duty; and having charged for other years after the decreet, Drumkilbo suspends, and alleges, That the said pursuer could not claim the said yearly annual furth of his lands, except he either produced a mortification thereof, or at least alleged, that he, or his predecessors, chaplains of the said chaplainry, had been thirty years in possession of the same since the Reformation, or ten years before the Reformation. To the which the chaplain opponed his decreet. The Lords would not respect the decreet; but ordained the parties to dispute their right, as if that decreet had not been obtained.

2d MS. Page 190.