Scottish Court of Session Decisions

Subject_1 TEINDS.

Douglas
v.
Minister of St Mungo.

1740, July 23.
Case No. No. 14.

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In this modification and locality, a question occurred, Whether converted services should be computed in valuing teinds? There were three classes of them; one whereby the master had the option of the ipsa corpora, the services or conversion. 2dly, Where the tenant had the option. And 3dly, Where there was no option, but a certain rent stipulated in place of services formerly due. There was no question as to the second, where the tenant had the option, that they could not be stated. The Court was also of the same opinion as to the first, where the master had the option. Arniston was of opinion even as to the third, that where it appeared that a part of the rent was on account of services that had been due out of those lands, and no fraud qualified, that neither could that additional rent be stated;—and the Court went into that opinion without any decision, notwithstanding of the contrary decision, that the petitioners themselves, Dornocks, acknowledged in the case of the Minister of Kirkurd.