A possessory judgment by several years possession, was found competent in the case of Stipend.
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The kirk of Westruther being erected in anno, 1650, there was a locality not only out of the teinds, but by a bond of the heritors so much localled upon their stock. The minister was accordingly in possession, till of late that Wedderlie one of the heritors suspends on this reason, that there was no decreet of locality produced, but only letters of horning. It was answered, That ministers being in possession of their stipends for the space of seven years, have the benefit of a possessory judgment, because ordinarily they have no writs but use of payment of their stipends, and any writs their predecessors had, are ordinarily between hands lost; and this decreet of locality had been lost, but the letters of horning contain the whole tenor of it. It was replied, that in stipends constituted in teinds, which are ordinary, much might be yeilded to the ministers; but when it affects the stock, as to that they have no privilege.
The Lords found, that the minister's possession ought not to be interrupted, until the suspender by a reduction and declarator should call the same in question, which they reserved, and in which they would consider, whether the minister was decennalis et triennalis possessor, and how far that would operate.
