Found in conformity with Home against Scot, No 37, supra,
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Mr Thomas Robertson, minister at Longside, having obtained decreet against Arbuthnot of Carugal for the vicarage of his land, which being turned into a libel, the defender alleged, No process; because the pursuer had neither locality nor possession, and his presentation is limited to the possession of his predecessor. It was answered, That the pursuer hath sufficient title by his presentation, and is founded in jure communi, that decimæ debentur parocho, either parsonage to a parson or vicarage to a vicar. The Lords sustained the pursuer's title. The defender further alleged, That these vicarage teinds were a part of the patrimony of the abbacy of Deer, erected in favours of the Earl of Marischal, from whom the defender and his predecessors had tacks for terms to run, and by virtue thereof have been seven years in possession, and thereby are secure till the tack be reduced, and have also been forty years in possession, and thereby all action against his tack is prescribed, albeit the setter had had no right, and cannot be questioned till the years of its endurance be ended.
The Lords found both these defences relevant separatim.
