King's College of Aberdeen v. Lord Falconer of Halkertoun
Date: 27 January 1758 Case No. No. 150.
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The King’s College of Aberdeen having right to the teinds of the parish of Marykirk, had them valued, in 1756, by the Lords Commissioners; and the teinds, on account of the inconvenience of drawing the ipsa corpora, being let in tack to the heritors, the College insisted, That these heritors were bound to make their tenants transport the victual-teind to a market-town, at the option of the titulars, at as great a distance as the tenants were bound by tack or custom to transport their victual-rent payable to the heritors; and they argued, That the refusing such carriage by the heritors was done with a view to oblige the College to convert their teind-bolls below the market-price, as they had no opportunity of getting them conveyed to market from the farms. Answered, Were the ipsa corpora to be drawn, the titular must be at the sole expense of carrying them off; and there is no reason why the valuation of the teinds should make a difference. The Lords found, That the heritors were not obliged to transport their Victual to a market-town.
Fol. Dic. v. 4. P. 357.
Sel. Dec.
*** This case is No. 21. p. 6568. voce Implied Obligation.
