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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'kieson of Hill v M'Intosh, Minister of Errol, and the Constable of the Castle of Edinburgh. [1734] 2 Elchies 317 (21 June 1734)
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Cite as: [1734] 2 Elchies 317
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[1734] 2 Elchies 317
Subject_1 KIRK PATRIMONY.
Date: M'kieson of Hill
v.
M'Intosh, Minister of Errol, and the Constable of the Castle of Edinburgh
21 June 1734
Case No.No. 1.
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Churchmens' titles are presumed, where there has been long and ancient possession, if possibly they could have a title; and therefore a duty of 81 bolls of wheat bear and oats being payable to the Priory of Charter-House at Perth, and now to the Minister of Errol and Castle of Edinburgh, the heritor brought a valuation of his teinds, when they were valued at 36 bolls; and then insisting to have the 81 bolls restricted to 36. The Lords found the 81 bolls were payable as well out of the temporality as the spirituality, though there was pretty strong evidence that the land never was kirk-lands, since there might have been a mortification out of them.
The electronic version of the text was provided by the Scottish Council of Law Reporting