Ten years possession of vicarage, found sufficient in a possessory action, though the cattle of which vicarage was claimed, were kept in a common locally within another parish, the minister of which claimed the same vicarage.
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Two ministers, in a double poinding raised by certain parishioners of Strathmiglo, who had their goods pastured on the Lowmonds of Falkland, contending, who should he answered of the vicarage of these goods, which the minister of Falkland claimed as due to him, seeing Falkland and the Lowmonds lie within the parish of Falkland, and so all the goods pasturing thereupon, ought to pay vicarage to him; and the other minister alleging, That the vicars of Strathmiglo have been ten years in possession of receiving the vicarage teinds for their goods, which the parishioners of Strathmiglo were in use to pasture on the Lowmonds continually, without questioning thereof by the minister of Falkland. This use of payment was preferred in this possessory judgment, albeit the Lowmonds lie naturally within Falkland, the same being a great pasturage bounds, whereupon other parishioners pasture besides them of Falkland.
Act. Pitcoirn.Alt. Mowat.
Fol. Dic. v. 2. p. 90. Durie, p. 489.
