Mr Hugh Gray v. Forbes, Minister of Innerkeithing, and Tenants of Neither Horseburgh
Date: 15 June 1667 Case No. No. 27.
The bona fides of tenants paying their rents.
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The tenants of Neither Horseburgh having suspended these two Ministers upon double poinding, they alleged they had made payment, bona fide, of their rents conform to their tacks. It was answered, that they were called to Mr. Hugh Gray's decreet in anno 1656; and charged thereupon thereafter the same year, which did put them in mala fide. It was answered, that there having nothing followed upon the charge, but the charger being silent for fifteen years, the tenants favore rusticitatis cannot be thought to continue in mala fide all that time, to infer double payment, else it might continue for forty years. It was answered, once in mala fide, ay in mala fide, and that these tenants did still remember and suspect the pursuer's right, appears, because they took discharges, bearing warrandice of the same
The Lords ordained the defenders to produce their discharges, that the warrandice might appear, being loth to decern the tenants in double payment, if the charger could have access to the other Minister, or his representatives.
It was alleged for the present incumbent of Innerkeithing, that in a former double poinding, raised by the tenants, he was preferred to the crop 1665, and in time coming. It was answered, that the said decreet was in absence of Mr. Hugh Gray; and that it was null without probation, for there was nothing produced for the Minister of Innerkeithing, but his presentation and collation, which were but merely general, and nothing produced to instruct, that their teinds were of his parish, or within his benefice. It was answered, that he was secured by the act of Parliament anent decreets of double poinding.
The Lords found that what the Minister of Innerkeithing, had uplifted, by virtue of that preference, the act of Parliament would secure him thereanent, but found he had no right as to the future.
