Dame Geils Moncrief v. Tenants of Newtown and William Yoeman
Date: 9 February 1667 Case No. No. 129.
Though the fifth part of the rent is the legal estimation in questions betwixt titular and heritor; in other cases, where the true value is to be considered, the fourth part of the rent payable jointly for stock and teind is the rule.
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Dame Geils Moncrief being served to a terce of the lands of Newtoun pursued the tenants for a third part of the duties; who having deponed that they paid so much for stock and teind jointly for yards, parks, and the whole lands possessed by them; compeared William Yeoman, as now having right to the fee, who alleged no terce of the teinds, because they fell not under terce; 2dly, Nor terce of the yards, because as the mannor-place belonged to the for without division, so behoved the close gardens, orchards, yards, &c.
The Lords found the pursuer to have no right to the teind by her terce, unless there had been an infeftment of the teinds by erection, and therefore laid by the fourth part for the teinds; and found that the years in question being possessed by the tenants, and there being nothing alleged nor instructed, that there was a tower, fortalice, or mannor-place, having a garden, or orchard for pleasure, rather than profit, they found no necessity to decide what interest a tercer would have in such, but these being set, by appearance, as grass yards, they repelled the allegeance.
