Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0110.html
Cite as: [1867] ScotLR 4_110, [1867] SLR 4_110

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SCOTTISH_SLR_Court_of_Session

Page: 110↓

Court of Teinds.

Wednesday, June 19 1867.

Lord President

4 SLR 110

Minister of Ceres

v.

The Heritors.

Subject_1Teinds
Subject_2Augmentation
Subject_3Valuation
Subject_4Declarator.
Facts:

Procedure in an augmentation sisted ta allow minister to bring a declarator to try the validity of a valuation which had been acted on for a long series of years; following precedents of Kilbirnie and Straealhror.

Headnote:

The Rev. J. C. C. Brown, minister of the parish of Ceres, in the county of Fife, with a present stipend of 16 chalders, modified in 1823, raised a summons of augmentation, modification, and locality, against the heritors.

Duncan for the minister, asked the Court an augmentation of 4 chalders, stating that, although the last augmentation had been fixed On the footing that it exhausted the free teind, and the minister had for years been accepting less than he was entitled to, on the footing that there were not sufficient teinds, it was now ascertained that the valuation led in 1631, on which, as a good valuation, parties had proceeded, was defective in various respects.

John Marshall, for the Earl of Glasgow, opposed.

Judgment:

Lord President—This is in the position of a case which was before this Court not long ago, in the time of Lord Colonsay, when the Court came to the conclusion, after full argument and consideration, that when a decree of valuation had been acted on and recognised for a long series of Years, and it was necessary for the minister to set it aside in order to show that there was free teind, the proper course was to sist procedure until an action of declarator was brought by the minister. The course here will be to pronounce an interlocutor in the same terms as that pronounced in the previous case. ( Minister of Kilbirnie v. Ear1 of Glasgow 19th December 1866, 5 Macph., 195; and Minister of Stracathro and Dunlappie v. The Heritors, ante, vol. iv., p. 163.)

Counsel:

Agents for Minister— Adamson & Gulland, W.S.

Agents Earl of Glasgow— Marashall & Stewart, W.S.
1867

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