Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Mr James M'Gill v. Watsone
Date: 23 July 1670
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This M'Gill having been minister at Largo in 1655, and having waired L.700 upon the reparation of his manse, there was a stent imposed, for reimbursement of thir expenses, upon the haill heritors of the parish, conform to the act of Parliament; and this defender refusing to pay his proportion thereof, viz. L.19, he was convened before the Sheriff of Fife to pay it, and decreet was there recovered against him; which decreet was suspended on this reason, that though the acts of Parliament allowed only a manse worth L.1000, yet that this charger had repaired and made the manse worth L.2000; and that the suspender was not cited to the imposing of that stent, as he should have been; and that neither at that time, nor for many years thereafter, he had no interest in that parish; and so this stent not being debitum fundi can never be sought of him, but the minister must have his relief of the then possessors of the land.
Thir reasons were repelled, because there was no reduction of the decreet; neither would they supersede extract till the reduction should be ready, but reserved it as accords.
