Seat in a church carried by a disposition of lands.
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The question was, Whether a seat in a church was understood to be carried by a disposition of lands, without being expressed in the disposition.
Brodie of Windyhills had disponed to Earl Fife, the lands of Muirtown, in the parish of Elgin, but without any mention of a seat in the church, which had been immemorially possessed by the proprietors of that estate. It appeared that the church had been rebuilt in 1683, at the joint expense of the burgh and of the heritors, who were assessed in proportion to their valued rent. So that the question came to be much the same as if it had occurred in the case of a country parish, though the defender endeavoured to distinguish it, by observing, that, in burghs, it was common for persons to acquire right to seats, without any relation to particular lands. But it did not appear that Mr Brodie's seat was in that situation.
The Lords found the pursuer entitled to the seat, as part and pertinent of his lands.
Reporter, Barjarg.Act. Arthur Duff.Alt. John Douglas.
Fol. Dic. v. 4. p. 40. Fac. Col. No 98. p. 353.
