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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Anstruther v Marquis of Tweddale, &c. [1751] 1 Elchies 474 (13 February 1751)
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Cite as: [1751] 1 Elchies 474
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[1751] 1 Elchies 474
Subject_1 TEINDS.
Captain Anstruther
v.
Marquis of Tweddale, &c
1751 ,Feb. 13 .
Case No.No. 31.
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The Lords found the teinds of the Abbey of Dunfermline saleable, notwithstanding of the annexation to the Crown by the 180th act 1593, renit. President and Kilkerran. My reasons were none other than what are set forth in the papers. I thought that by the proviso in that act, there was no other annexation of those tithes than of the tithes of the other Prelacies by the act 1687. 2dly, I thought there was a total dissolution of that annexation in favours of the Queen and heirs of that marriage, which might have been different from the heirs of the Crown. 3dly, I thought that annexed or not annexed, the sale under the acts 1633 and 1690 reached the Crown tithes as well as the subjects, and as it was admitted they might be valued, that was allenarly as falling under these acts.
The electronic version of the text was provided by the Scottish Council of Law Reporting