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In a process at a titular's instance for the teinds of bygone years, who insisted for a fifth part of the rent the lands were worth for the respective years, and that, without regard to the rent payable by the tenant to the heritor, who, on account of grassums, or extraordinary services, as was said to be the fact in this case, might accept of less than the lands were worth, he might be allowed a proof of the true value of the lands, by their sowing and holding, it was found, “That the fifth part of the rental must be the rule, and that the services cannot come in compute thereof.”
In valuations and sales of teinds, poultry are never computed, even though the master have the option to take poultry, or so much money as the value. Neither are services ever computed in estimating the extent of teinds; and so it was determined in this case, although the rent paid was alleged to be a third lower, on account of the great services paid.
How teinds are to be valued in a sale of lands, vide February 23, 1749, No. 8. p. 13317.
