Relief competent to the Heritor, whose land is taken for a Glebe.
Cock v. Parishioners of Auchtergovan
Date: 12 February 1635 Case No. No 32.
An heritor's lands had been anciently the vicar's globe. They had been afterwards feued, but before the act prohibiting such feus. He was obliged to give up these lands for the minister's glebe, and was found entitled to the statutable relief from other heritors of the kirk-lands. One of the heritors who held of a college, to which his lands had been mortified, claimed exemption from the relief, alleging his lands were no longer kirk-lands; but his plea was repelled.
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John Cock writer having the right of feu of a piece of kirk-land in Auchtergovan, which was feued in anno 1562, and since continually possessed by him and his predecessors, while lately that the same was designed to the minister, and evicted by him for his glebe; pursues the rest of the parishioners, heritors of the kirk-lands, for their proportional part of his relief; and they alleging, That he ought to have no relief, because by the act of Parliament 1563, the vicar's manse and glebe are discharged to be feued; and this land libelled, designed to the minister, was the vicar's glebe of old, and therefore the feuar thereof ought to have no relief; and albeit the pursuer's feu be in anno 1562, and so a year before the act of Parliament, yet it must fall under that act, because the feu was not confirmed until the year 1565, and so is null, and therefore is alike as as if it had been feued after that act.——The Lords repelled the allegeance, and found that there ought to be relief granted. And it being thereafter alleged for one James Rattary a parishioner, that his lands ought not to be subject to any relief, because he holds his lands of the College of St Andrew's in feu, to which College the same is mortified, before the act of Parliament 1594, which appoints relief; and so belonging to the College, they cease to be kirk-lands; this allegeance was also repelled, and found that these same lands, albeit mortified to the College, yet cease not to be kirk-lands, but that they ought also to pay their part of the relief, for they were feued to the defender for a small feu-duty of L. 8 only.
Act. ——.Alt. Nairn.Clerk, Hay.
Fol. Dic. v. 1. p. 353. Durie, p. 754.
