Scottish Court of Session Decisions

Subject_1 TEINDS.

Creditors of Tillibole, Competing

1748, July 5.
Case No. No. 26.

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One Dunning having purchased a parcel of lands, part of a barony, from Halliday of Tillibole, whereon he was infeft, Tillibole's creditors pursuing a ranking and sale wherein these lands were included, the purchaser applied to have them struck out. There was no opposition as to the lands, but only as to the teinds, as to which, though they were not expressly disponed, the purchaser gave pretty convincing evidence that they were intended to be sold, viz. that the price was 22 years purchase of the whole rent, that the tenants tacks were assigned, that the seller was bound to relieve the buyer of bygone stipends, and 4to no demand for teinds from 1711, the date of the sale. But my difficulty was that this was a question with singular successors, viz. creditors, that teinds required a separate infeftment, and that an express disposition of teinds would not be preferable to them if they were first infeft. This was advised July 5th, when I was in the Outer-House, and I know not how my difficulty was removed, for it had been delayed several days till the Ordinary should consider the infeftments both of Tillibole and the creditors. However, the Lords found that the purchaser had right to the teinds, and ordered them to be struck out of the sale.