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In a pursuit at the instance of —— Bullo, Minister of Stobo, against his Parishioners, for the parsonage-teind of their lands,
It was alleged for the defenders: That though the pursuer be presented to the parsonage, he can have no further claim than to his stipend, which is modified by a decree of the Commission.
Answered: A parson has oft-times a modified stipend when the teinds of his parish are under tack, and when the tacks are out, he has right: to the teinds. Besides, it is jus tertii to the defenders, who have no tacks of their own teinds, to make such an exception against the Minister's title.
The Lords sustained the answer, and decerned for the teinds.
Fol. Dic. v. 2. p. 439.
Harcarse, No. 692. p. 195.
