The Duke of Hamilton, and Others, v. Lord Dundas, Joseph Williamson, and Others
Date: 23 January 1799 Case No. No. 40.
When there are two titularities in a parish, the burden of augmentations of stipend is borne by them according to the proven rental of the lands in each, and separate schemes of locality are made up, subdividing the burdenamong the heritors in each, according to the ordinary rules.
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In 1708, James, Earl of Linlithgow, who was titular of the whole parish of Falkirk, sold the teinds of the barony of Polmont, part of the parish, to the Duke of Hamilton.
This barony, and other lands in the parish of Falkirk, the teinds of which were held by those in right of the family of Linlithgow, were afterwards erected into the parish of Polmont.
In a locality of this last mentioned parish, it was considered by the Court, on advising memorials, as a point completely settled, that, as there were two titularities here the augmentation must be divided between them according to their proven rentals, and separate schemes of locality given in, subdividing the burden among the heritors in each, according to the ordinary rules, i. e. exhausting the free teinds before those heritably disponed; 13th July, 1774, Fotheringham against Bower, and others, No. 27. p. 14815; 5th December, 1798, Sir William Maxwell, No. 39. p. 14832.
Judgment was given accordingly.
Lord Ordinary Ankerville.For the Duke of Hamilton, &c. Ed. M'Cormick.Alt. Wm. Robertson.
Fac. Coll. No. 106. p. 244.
