Scottish Court of Session Decisions

Mr Charles Cochran, Patron of Culross,
v.
The Heritors

Date: 26 June 1751
Case No. No. 4.

Click here to view a pdf copy of this documet : PDF Copy

In the above case of Mr Cochran, the Presbytery having disregarded his presentation of Trotter to be second Minister of Culross, and settled Mr Stoddart in November 1748, Mr Cochran pursued the heritors for payment of the vacant stipends ; wherein compearance was made for Mr Stoddart;—and though the vacancy had continued two years from November 1746 to November 1748, before he was settled, and though Mr Cochran was not in possession of the patronage, and his right was disputed both by the Crown and by the Town of Culross, and he did not prevail in his declarator of his right till January 1749, three months after Stoddart's settlement;—yet the Lords found the Patron had right to the benefice, and preferred him to the Minister. (See Dict. No. 11. p. 9909.)