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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Bishop of Dumblain v Earl of Cassils. [1665] 2 Brn 136 (15 February 1665)
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Cite as: [1665] 2 Brn 136
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[1665] 2 Brn 136
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The Bishop of Dumblain
v.
Earl of Cassils
15 February 1665 Click here to view a pdf copy of this documet : PDF Copy
The Bishop of Dumblain pursues the Earl's tenants for the teinds of the abbacy of Corsregual, as a part of his patrimony annexed thereto by the Act of Parliament 1617. The defender alleged no process till the Act of Annexation, being but an Act unprinted, were produced. 2dly. Absolvitor; because the defender had tacks from the king in anno 1641; and, by virtue thereof, was in possession, and could pay no more than the duties therein contained, till they were reduced. It was answered to the first, It was notour; and, if the defender
alleged any thing in his favour in the Act, he might extract it. 2dly. The defender could not claim the benefit of his tack 1641; because the bishops are restored to all they possessed in anno 1637; And so not only right, but possession, is restored to them as then, which is as sufficient an interruption, by public law, as if it were by inhibition or citation. Which the Lords found relevant, being in recenti after the Act, and never acknowledged by the bishops. Vol. I, Page 270.
The electronic version of the text was provided by the Scottish Council of Law Reporting