Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

Mr James Straiton
v.
The Countess of Home

Date: 10 December 1667

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Mr James Straiton, minister of Gordoun, having obtained decreet conform, upon an old locality, charges my Lady Home for payment; who suspends, and alleges, That she must be liberated of a chalder of victual contained in the decreet of locality; because, after the said decreet, a part of the parish of Gordoun was dismembered, and erected in a new parish, and the Earl of Home burdened with a new stipend, and the minister of Gordoun liberated of a great part of his charge; in consideration whereof, the minister, then incumbent, quitted a chalder of his decreet of locality, and acquiesced in the rest, without ever demanding any more; and so did his successors now by the space of sixteen or twenty years. The charger answered, That his predecessors' forbearance to lift that chalder cannot instruct his consent; and, though he had expressly consented, he could not prejudge his successor, unless that chalder had been applied to the new kirk by sentence of a judge. The Lords found the foresaid reason relevant against the pursuer, in possessorio, aye and while he declare his right. Here it was represented, That the minister had a sufficient stipend beside the chalder in question.

Vol. I, Page 492.