Scottish Court of Session Decisions

Subject_1 TEINDS.

Sir John Hume
v.
His Vassals

1738, Dec. 6.
Case No. No. 10.

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In a question betwixt Sir John Hume of Manderston and some of his vassals, concerning the import of the clause in the act 1693, anent heritors who had right to stock and teind, and afterwards feued the stock or lands without the teinds, Sir John having pursued a reduction of a decreet of sale obtained against him by these vassals, and founded his reduction on the above act, and for proving in terms thereof, produced a charter in the record, anno 1618, containing the lands and teinds, whereas the vassals produced no charter older than 1639, but which appeared not to be an original charter, but to have proceeded upon the former vassal's resignation; the question was. Whether it was incumbent on the vassals to produce their original charter, at least one older than that produced by Sir John Hume, or if Sir John ought to prove at what time the teinds were first feued, that it was after his charter; and the Lords were of this last opinion, and therefore found the reason of reduction not proven, 30th November 1737. But afterwards altered,—I think 6th December 1738.