Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Tenant of Overhailles
v.
John Dalyell

Date: 21 June 1649

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In the suspension at the tenant of Overhailles's instance against Mr John Dalyell, minister at Preston-Kirk, who had charged upon his decreet conform,—the Lords found, That no inhibition, served in communi forma, could put any tenant in mala fide to pay till any kirk-man or secular person, who had been in possession of uplifting a duty, either for teind, or stock and teind together; the charger never offering to prove that he, or any his predecessors, had been in possession; especially, where it was clear, by the books of assumption, that the teinds of that parish belonged to sundry beneficed persons; and, in respect that there is, at the Castle of Hailles, a ruinous chapel, it would seem those teinds to have belonged thereto, and now to the patron, nam decimarium jus est consuetudinarium. And, as I remember, umquhile Mr Charles Lumsden was miscalled by the Earl of Haddingtoune, president, who sought the teind of tobacco in Dudingstoune; as bringing in a novelty in matters of teinds.

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