[1738] Mor 15739
Subject_1 TEINDS.
Subject_2 SECT. IV. Valuation.
Date: Duke of Douglas
v.
Elliot of Woolie
1 February 1738
Case No.No. 138.
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An augmentation of a Minister's stipend being to be allocated proportionally upon the titular and another heritor who had an heritable right to the teinds of his own lands, and the rent of the titular's lands having been considerably augmented about the commencement of the process, by tacks granted by him to continue for the space of nine years; the titular pleaded, That the old rent must be the rule, in respect these new tacks were no absolute proof of the true rent of the lands. The heritor on the other hand pleaded, That tacks for nine years, let to a variety of good tenants, who have all found caution for the tack-duty, is an absolute good proof of the real worth of the lands; and he further offered to prove, That the lands were truly worth what they presently paid. The Lords steered a middle course, and found the titular must bear a proportional part of the augmentation corresponding to his old rent and half of the new. See Appendix.
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