Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Sir Adam -
v.
the Laird of Robertland

1678. February.

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Robertland,—having a tack of the teinds of his barony, lying in the parish of Stuarton, disponed a part of the said barony, with all right, title, and interest he had to the teinds of the said lands, and assigned the tack of teinds as to the lands disponed; and the disposition acknowledges, that there was a full price paid for lands and teinds;—warrants the teinds from fact and deed only. And there being a locality due to the minister out of the whole barony in general, which, for many years after the disposition, was wholly paid by Robertland, and his tenants in the lands not disponed; and the minister having thereafter distressed Sir Adam's tenants, Sir Adam intented declarator, that Robertland should relieve the lands disponed, of the payment of any part of the stipend, there having been a full price paid for the teinds; and which the Lords declared; although it was alleged for the defender, that he disponed all interest he had in the teinds, and with warrandice from fact and deed. But the Lords laid weight on the freedom the pursuer had all the years past, which cleared the meaning of parties. And here the defender had taken a right of apprising against the whole barony, led against his predecessor his brother, reserving Sir Adam's right. And here the apprising was yet in the person of the defender-disponer; and so accresced.

Page 295, No. 10.