Subject_1 TEINDS.
Beattie, Minister of Marytown
v.
Heritors
1753 ,July 4 .
Case No.No. 36.
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In a process of augmentation the defence was,—a stipend was modified in 1718 of 6 chalders, 13 bolls, 3 firlots victual, and 100 merks, and 40 merks of communion-elements. But the decreet was so recent, and though the victual was much better than 100 merks the chalder, and the heritors offered L.5 the boll, yet because it wanted two bolls and one-fourth of eight chalders or 800 merks, and no cause mentioned in the decreet for going beneath the minimum, and it was a decreet of consent, we repelled the defence, and modified seven chalders and a half victual and 250 merks stipend, and L.60 Scots communion-elements.
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