Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Kier
v.
Lamb

Date: 21 June 1630

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

A minister, provided by the deprivation of the last incumbent, who was deprived for disconformity, having charged him who was deprived to remove from his manse and glebe,—and the other suspending,—the Lords found that he ought not to remove, while he were satisfied, by the entrant, of the expenses and charges wared by him upon the reparation of the manse; albeit the said expenses were neither liquid, nor proven that he had debursed any; and, albeit the charger alleged, that, upon that naked allegeance untried, he ought not to be deprived from the use of his manse, the want whereof was an impediment to the service of the cure of that kirk, where none could serve except they had the manse to remain in; so that the most that could be done to the suspender, was to pursue, by way of action therefore, where it would have its own trial. Which was repelled: And sicklike, it was found, that, before he removed, he should be repaid of the monies given to the relict of the deceased minister; for it was also competent to this minister to seek the same, being removed from the kirk, whereby he was civilly dead, as it might have been competent to his executors if he had died minister.

Act. Gibson. Alt. Mowat. Gibson, Clerk.

Page 521.