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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Polwart v The Tenants of Logie. [1665] 1 Brn 512 (5 July 1665)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Laird of Polwart
v.
The Tenants of Logie
5 July 1665 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Polwart, being titular of the teinds of the parish of Logie, which is a kirk of the abbacy of Northberwick, pursues the tenants for payment of their teinds since 1637.
It was alleged for the tenants, That they could not be liable, because they had paid a joint duty of stock and teind to their master; which was sufficient to exoner them.
To which it was replied, That the pursuer, having right to the teinds, and having served inhibitions yearly, he has good action to pursue any that have intromitted therewith; and specially the tenants, who were put in mala fide by inhibitions: and, if they paid for the teinds to their master, who had no right, they did it upon their own peril; and they may retain the subsequent duties of the stock for their relief.
The Lords sustained this action of spulyie; and ordained the tenants to depone, ut constet de debito: but did not advise what they could do with the inhibitions, how far the same could put the tenants in mala fide, being of great consequence.
Page 32.
The electronic version of the text was provided by the Scottish Council of Law Reporting