Sir William Hope v. The Heirs and Creditors of Balcomie
Date: 10 December 1701 Case No. No. 132.
Value of drawn teind in a process of sale.
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Sir William Hope pursues a sale of the lands of Balcomie, in which there being an act and a probation led, at advising of the said probation, it did appear, that the rental proven to be payable by the tenant, was only for the stock, and that the heritor was in use to draw the teinds; and there being no compearance for the defenders, the Lords did reason upon the value to be put upon the drawn teind, order to the sale; and it did occur to them, that, albeit the common rate and eimate of teind be the fifth part of the rent in question, betwixt heritors, and titulars, and tacksmen; yet where an heritor, having right to the teind of his own lands, sets the stock only to the tenants, and draws the teinds ipsa corpora, the teinds are much more valuable than the fifth part of the rent, stock, and teind; as also that drawn teind is more or less valuable, according to the nature of the ground; for, if the ground be barren, the increase is less than where the ground is fertile, and that, in this case, the lands lie upon the coast-side, and have the benefit of warp, as appeared by the probation; therefore “the Lords did value and estimate the teind to a fourth part, that is to say, for each three bolls of proven rental, they added one boll for drawn teind, whereby the teind is a fourth part of the whole stock and teind; and ordered the rental to be framed accordingly.”
