Scottish Court of Session Decisions

Subject_1 TEINDS.

Sir Robert Gordon
v.
Dunbar

1750, Jan. 17.
Case No. No. 29a

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In localling a stipend, a proof being adduced of the value of drawn teinds, the patron, Mr Dunbar, allocated the whole proven value. Sir Robert insisted he behoved to have deduction of a fifth as the King's ease. Answered: That is only in the case of the valuation and sale of teinds, but not in a locality. We unanimously found him entitled to the King's ease. Lord Duffus, author by progress to Mr Dunbar, anno 1697, sold to Sir Robert Gordon, the teinds of part of his lands for payment of 2d to the Minister in full of stipend in all time coming, with absolute warrandice, and obliged him to cause the Minister ratify, and gives himself absolute warrandice. Mr Dunbar laid a part of the stipend on these lands proportionally with his own lands. Sir Robert objected that he could lay none because of his disposition. Answered: The disposition is no better than a decreet of sale, which gives indeed an heritable right, and therefore liable equally with the patrons; 2dly, The warrandice only personal, not good against singular successors; 3dly, No infeftment on the disposition, and therefore not good against him. The Lords repelled the objection, chiefly on the two first grounds; but some of them doubted of the third, notwithstanding a decision I quoted 26th June 1745, Minister of Morbottle and Moir of Otterburn, (No. 23,) where we found that a personal disposition of teinds, not being of a patronage or a tack, was not even a title of prescription.