Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr Lewis Dunlop, Minister at Skein,
v.
The Heritors of that Parish

Date: 9 February 1675

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The minister at Skein pursues the heritors of that parish for the stipends of the said kirk, conform to a decreet of locality obtained in anno 1647, as being presented by Mr James Weyms, Dean of St Andrew's, and parson of Kinkell, who was patron of the said kirk of Skein.

It was alleged for the heritors, That they could not be liable; because, if that decreet of locality were produced, it would appear that it was given when bishops and deans were suppressed; but now, being restored, and the Dean having right, gotten payment of the tack-duty of the parsonage teinds, whereof they being made free by the decreet of locality, they cannot be now decerned to pay both the tack-duty to the Dean, and the augmentation to the minister.

It was replied, That it was offered to be proven that the heritors had been in use of payment of the local teinds, and that he had decennalis et triennalis possessio, which was a sufficient title, without producing a decreet of locality; which the defenders ought to produce, if they founded thereupon.

The Lords did find, That decennalis et triennalis possessio was a sufficient title to the minister, and that the heritors, founding upon a decreet, whereby they were to be free from the tack-duty of the teinds craved by the Dean of St Andrew's as parson, they ought to produce the same, and thereupon might defend themselves against the Dean, who did concur in this action, that they might be free of the tack-duty, or otherwise the augmentation restricted; but, until that was produced, the minister had a sufficient right, being fifteen years in possession.

Page 459.