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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Minister of Kilmorack v. Heritors [1867] ScotLR 5_83_1 (4 December 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0083_1.html
Cite as: [1867] ScotLR 5_83_1, [1867] SLR 5_83_1
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SCOTTISH_SLR_Court_of_Session
Page: 83↓
Court of Teinds.
v.
Facts:
An objection being stated in an augmentation that the teinds were exhausted, the precedent of Kil birnie followed, and procedure sisted to allow minister to bring a declarator.
The minister of Kilmorack asked an augmentation.
Clark, for heritors, objected, on the ground that there was no free teind. The teinds had been exhausted since 1816, and the proper course to follow was that adopted in the case of Kilbirnie, 18th December 1866, where procedure was sisted in order that the minister might bring a declarator.
Watson, for the minister, contended that this was not a question as to the validity of the decrees of valuation, but merely as to their extent, as in the Banchory-Devenick case.
The Court followed the case of Kilbirnie, and sisted procedure.
Solicitors: Agents for Minister— M'Ewen & Carment, W.S.
Agents for Heritors— Gibson-Craig, Dalziel, & Brodies, W.S.