Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.
Subject_2 KILKERRAN.

David Forbes, minister at Bayne,
v.
John Miller, factor upon the sequestrated estate of Carleton

Date: 26 November 1755

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This case is reported in the Faculty Collection, (Mor. p. 5127,) where the facts and arguments of the parties are stated. Lord Kilkerran has the following note of the decision :—

“June 21, 1755.—Found that the minister, being already possessed of glebes to a greater extent than a legal glebe, he is not entitled to more, and dismissed the action.

The President took occasion to say that if there only be kirklands in the parish that are arable, then there is L.20 given, but if there are no kirklands in the parish, he has no right to the L.20 at all.

There is indeed one decision which seems to favour a different doctrine from that which the Lords have established by the decisions now given. It is observed by Dury, 22d January, 1631,—Where the minister of Innerkeithing, who had no glebe at Innerkeithing, where he resided, and was found entitled to have designed to him, notwithstanding of his having the glebe of another parish that had been annexed to Innerkeithing; but the Lords were now of a different opinion from that decision, not moved by the only argument that occurred for it, that a glebe does not answer the purpose unless it be contiguous to the minister's residence; that argument having, as the President observed, been often overruled when pled for a minister to have his glebe brought together, which lay discontiguous, and the utmost length they could go could only be for an excambion.”