Scottish Court of Session Decisions

Subject_1 PATRONAGE.

Urquhart of Meldrum
v.
The Officers of State

Date: 27 February 1752
Case No. No. 5.

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The patronage of the common Kirks belonging to the Chapter of the Bishoprick of Ross found sufficiently constituted and conveyed by the King's charter in 1588, ratified in Parliament in 1592, and that the grant was not annulled by the acts 1606 or 1617 restoring Bishops and their Chapters, nor by the act 1593, unless the competitors would prove that there was an incumbent or Minister serving the cure in the Kirk at the date of that charter; and found also, that though patronages may be created or conveyed without infeftment, yet if they are annexed to Baronies, and thereby made feudal rights and infeftment on them taken, they cannot be transmitted without infeftment in prejudice of singular successors purchasing bonafide on the faith of the records. This was in effect found by preferring Urquhart of Meldrum as purchaser of the estate of Sir George M'Kenzie, son of Sir Kenneth M'Kenzie of Cromarty, and particularly of the patronage of the Kirk of Cromarty before the Crown. But a reclaiming petition was next day presented for the Officers of State, bringing over again all the former arguments, but further informing, that they had now found the sasine proceeding on the disposition of the patronage by Sir Robert Innes, one of Urquhart's authors, and charters upon it by the Crown to the Bishop of Ross in 1637;—which is still depending, and must determine the case in favour of the Crown. But 26th June, an objection being made to the disposition to the Bishop of Ross, we remitted to the Ordinary to hear on that point, and adhered as to the rest. (See Dict. No. 15. p. 9915.)