Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Beaton, Minister of Ayton, v. His Parishioners
1673.
June.
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In the action pursued before the Commissioners for Plantation of Kirks, by Mr John Beaton, minister at Ayton, against his parishioners, for making up that proportion of his stipend which was evicted from him by Mr Thomas Ramsay, minister at Mordington, out of the lands of Lammerton; there being a great quantity of free teinds in the said parish of Ayton, and the heritors disputing amongst themselves who should bear the burden: the Lords inclined to find, and that upon most just grounds, wherever an augmentation is granted to a minister, such heritors as have the right of other men's teinds shall be primo loco liable before any who have acquired the right of their own teinds shall be burdened therewith. And which interlocutor was upon the occasion of the deceased Lord Renton, who had many teinds besides his own; and which, being an odious purchase, deserves no favour in law.
