Scottish Court of Session Decisions

Subject_1 Member Of Parliment

Abercromby
v.
Duff, &c

Date: 1 March 1754
Case No. No. 68.

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Colonel Abercromby complained of enrolling Lord Braco's two sons, Mr James Duff the eldest, and Mr Alexander and Mr Innes, inter alia, because the lands conveyed to them were jointly valued; that Lord Braco had conveyed also the teinds of his eldest son's lands, but had not conveyed the teinds of Mr Alexander Duff's or Mr Innes's lands; that the Commissioners had divided the valuation according to the rent-rolls, and yet had not deducted the teinds of Mr Alexander's or Mr Innes's lands; and though he has since conveyed the teinds on which they have a new charter, yet they are not year and day infeft upon it. Answered, That it was per incuriam that the teinds were omitted in the first disposition, but it would be no objection though they were not at all disposed; that in Banffshire and most of the shires in Scotland no teinds are valued, and it makes no difference in the valuation who has right to the teinds, whether the heritor of the stock, the minister, the patron, or other titular; the valuation is still in proportion to the real rent, and the heritor of the stock is liable for it; otherwise the act 1690 giving the teinds to the patron would have made a great revolution in all the valuations, in all the shires in Scotland, and yet it made none of the patron's valuations, and the heritors' valuations remained the same. When a stipend is augmented, it makes no change in the valuation of the heritors, not even when one heritor's teinds are exhausted being free teind, and the titular's and other heritors not touched, because they have heritable rights; and when an heritor recovers a decreet of sale of his tithes against the patron or other titular, no alteration ensues in the valuation of either buyer or seller, which yet there must, if the complainer's objection were good. The Court repelled the objection, 1st March 1754.—Renitent. President, Jastiee Clerk, Shewalton, Woodhall, and Auchinleck.