Found in conformity with Lennox, No. 217. p. 15328.
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The College of Glasgow charging, by general letters, Mr. Patrick Stuart of Rosland, for certain rental teind-bolls due to the College, who suspending, that these 20 or 30 years bye-past, the College received some years ipsa corpora, and other years, such duties for the teinds as he and they agreed upon, at the sight of persons chosen by them to estimate the teinds, and so that he was not holden to pay the rental bolls acclaimed the year libelled, seeing he was content, and offered to pay whatever the College should prove the worth of his teinds extended to this year libelled; and the College answering, that they had divers decreets, whereby the rental was established, for the quantity whereof they now charged this year; and whatever payment has been made since, different from that rental, it cannot prejudge the College in their rental, the same being done without their consent, and not being a constant tenor of payment, which might have made another rental. The Lords sustained the rental for the year controverted, which rental was found not prejudged by the posterior use of payment of ipsa corpora, or other deeds contained in the reason; and the Lords repelled the offer made by the suspender to pay all the teinds the year libelled, which shall be proved his teind extended to, notwithstanding whereof they found him subject in payment of the rental bolls acclaimed, albeit the teinds of the crop libelled did not extend to the quantity thereof; in respect the suspender, before the time of teinding the year libelled, did not intimate to the College that he would not pay these rental bolls, and required them to draw their teinds; which either he should have done, or otherwise transacted with them thereanent, as he was in use to do other years before, in which he paid not the rental bolls; and having done no such thing, he was found liable the year libelled, and all other years thereafter, wherein he should not do the same, in the quantity of the said rental.
Act, Nicolson & Neilson.Alt, Cunningham et Burnet.Clerk, Gibson.
Fol. Dic. v. 2. p. 427. Durie, p. 677.
