Scottish Court of Session Decisions

Subject_1 TEINDS.

Duke of Buccleugh
v.
Feuars of Dalkeith

1744, Feb. 1.
Case No. No. 17.

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The question was in a valuation of the tithes of the feuars of Dalkeith, whether any deduction ought to be from the rents on account of the dung of Dalkeith, whereof the town could at pleasure deprive them, for which deduction no less than seven judgments of the Court were quoted in the papers, from 1698, and even before it, to 1726, and others later upon the same reason in law. However, it carried by the President's casting vote, no deduction. Arniston, who was against the interlocutor, seemed surprised that the Duke's Commissioners judged in this question, and there were three of them for the interlocutor, 1st February 1744. 20th June, We altered the interlocutor of 1st February last, and found the feuars entitled to a deduction on account of the dung, and remitted to the Ordinary to hear on the quantity. Con were President, Royston, Minto, Dun, Murkle. Pro were Drummore, Kilkerran, Monzie, Arniston, et ego. Strichen did not vote. 6th February 1745, Altered by President's casting vote.