Scottish Court of Session Decisions

These were conjoined actions of poinding the ground advocated from the Sheriff Court of Fifeshire, one of which was raised against the advocator, James Dingwall, vassal of the lands of Tarvitmill, by his superiors, the trustees of the late Sir George Campbell of Edenwood, and the other at his instance against them. In the action at the superiors' instance payment of feu-duty was claimed; and it was not disputed by the vassal that feu-duty was due, but it was pled that he was entitled to retain a portion of it on account of minister's augmented stipend, which had been paid by him. The question therefore was whether augmented stipend which had been localled on the lands since 1780, when the feu disposition in favour of Mr Dingwall's ancestor was granted, was payable by the superiors or the vassal. This depended to some extent on the terms of the feu disposition, which declared that the lands were to be held “by the said John Dingwall and his foresaids free of all burden whatever other than the feu-duties.” The disposition further conveyed to the vassal other lands “in real warrandice and security of relief and payment to the said John Dingwall,” inter alia of all cess, minister's stipend, schoolmaster's salary, and all other public burdens imposed or to be imposed upon the said lands.

The Sheriffs decided in favour of the superiors; and the vassal having advocated, the Court in 1861 allowed a proof of the averments of the parties as to the usage which had followed upon the feu disposition. This proof having been led, parties were heard upon the whole case yesterday and to-day, and the Court intimated that judgment would be given to-morrow.