Possessio decennalis et triennalis of a minister, found not to exclude a tacksman of teinds, where the minister's decree of locality was produced, and no teinds mentioned in it.
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In a competition betwixt Dr Leslie, having right to a tack of the teinds of the parish of Glenmuck, and the minister of Glenmuck, it was alleged for the minister, That he and his predecessors ministers, had been long in the possession of the teinds of the parish, by tack, or use of payment, more than 13 years, et decennalis et triennalis possessor non tenetur docere de titulo. It was answered, That the 13 years possession exeems from producing a title, but presumes a title to a churchman; yet it infers no prescription, and cannot take place where the churchman's title is produced; for præsumptio cedit veritati; but here the minister's decreet of locality is produced, which is his title, and he can claim no more, unless he instruct an augmentation, or at least prescription; but his possession will not exclude the right of the titular or tacksman, he being but a stipendiary.
The Lords found, That 13 years possession could not give the minister further right than the decreet of locality produced, though the locality was old.
