Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Dr Archibald Stevinsone v. The Earl of Twedale
1673.
June.
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Doctor Archibald Stevinsone, pursuing (as executor to his father Mr A. Stevinsone, minister at Dunbar) the Earl of Twedale, as representing the deceased Earl, his father, upon one or other of the passive titles, for payment of his proportion of the stipend due for the lands of Beltane, for the year 1630: Alleged, He nor his father could never have been liable for that year, because the teind, yea, the stock itself, was wasted by the calamity of war, and the English their incoming that year, and lying about Dunbar.
Answered, That he having pursued the Earl of Roxburgh for some stipend owing by him for the same year, he had proponed the very same allegeance; and it was repelled by the Lords, who found where the minister was only a stipendiary, and no beneficed person, though the teind be wasted by calamity of war, or other accident, that did not liberate him who had right to the said teinds, because that loss might be compensed and supplied by the uberty of preceding or subsequent years; and which is the reason assigned by the law, wherefore tenants can plead no abatement upon the head of sterility or vastation. L. 15, p. 4, D. Locati; L. 8. et 18, C. eodem.
The Lords adhered to their interlocutor given in Roxburgh's case.
