Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Lady Buchanan v. The Laird of Rossyth
Date: 26 July 1670
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This was an action for payment of ipsa corpora, of the teinds intromitted with by him, and those whom he represents, during the space of sundry years libelled; against which it was alleged, That thir teinds acclaimed, being only decimæ minores, viz. vicarage teinds, the same must be regulated secundum consuetudinem et usum loci; but they offer them to prove that they have been in possession of thir teinds, free of tacks, past memory of man, for payment of 40 merks by year, as the rental taxation of the said vicarage, and therefore ipsa corpora et species cannot be now sought, seeing they have prescribed immunitus therefrom; for though by the canon law no prescription can run in decimis garbalibus, yet decimal minores may be prescribed.
