Scottish Court of Session Decisions

The Rev. R. Grant, minister of the United Parishes of Stracathre and Dunlappie, whose stipend was fixed at 11 chalders in 1815, applied for an augmentation of 7 chalders. Sir James Campbell and other heritors opposed, on the ground that there was no free teind, and that their teinds had been valued by a decree in 1699. The minister replied that this decree was not binding upon him

Page: 164↓

because no party had been called in the process of valuation who was entitled to represent the cure. It a appeared that the parties called were—“Charles Earle, of Southesk, and David Falconer of Newtoun, as patrons of the kirks of Strickathrow and Dunlappie, now annexed together, Master John Davie, late incumbent at the said kirk, and all other present incumbents there, and the tutors and curators of such of the said defenders as are minors, if they any have, for their interest.” It was mentioned that the parishes had been vacant from 1695, when the last Episcopal incumbent (lied. until 1701, and that in 1698 they had been declared vacant, and that during this interval Mr Davie, who was Lord Southesk's a factor, had intruded himself as minister for a few months. It was admitted that unless the decree of valuation was bad, there was no free teind.

The Court held, following the recent case of Kilbirnie ( ante, 123), that the minister must first raise a declarator of the invalidity of the decree, and procedure was sisted that he might do so.