Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Buchannan, Minister of Kirkpatrick, v His Parishioners. [1636] 1 Brn 94 (21 January 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Brn010094-0178.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: George Buchannan, Minister of Kirkpatrick,
v.
His Parishioners
21 January 1636 Click here to view a pdf copy of this documet : PDF Copy
Mr George Buchannan, minister of Kirkpatrick, pursuing the parishioners for spuilyie of the vicarage teinds,—the Lords found this allegeance relevant, that the intromittors convened bruiked by tolerance of the apparent heir to an umquhile tacksman, who had tacks for terms to run, the years libelled; and found no necessity that the granter of the tolerance should allege that his author was served and retoured heir to the tacksman; seeing, as the apparent heir might himself lawfully bruik, so might any having tolerance from him; for thereby in effect he was heir passivè: but this tolerance was only found probable scripto, and not by witnesses.
Vid. 3d March 1626, Douglas; 14th February 1623, Grahame.
Page 789.
The electronic version of the text was provided by the Scottish Council of Law Reporting