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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Alexander Porterfield of Porterfield, Esq. v. The Officers of State and Alexanders Don, Esq., of Ochiltree, Titular of the Parish of Kilmacolm, The Right Honourable William, Lord Belhaven, and Others, Heritors of the said Parish [1815] UKHL 6_Paton_77 (24 February 1815)
URL: http://www.bailii.org/uk/cases/UKHL/1815/6_Paton_77.html
Cite as: [1815] UKHL 6_Paton_77
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SCOTTISH_HoL_JURY_COURT
Page: 77↓
(1815) 6 Paton 77
CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND.
No. 15
v.
House of Lords,
Subject_Locality — Right to Teinds. —
Circumstances in which it was held that an heritor had adduced sufficient title and right to the teinds of his lands, although in a former locality he had been localled in consequence of these titles having gone amissing. In the House of Lords the case remitted.
This was a question as to whether the appellant had a right to the teinds of his lands.
It appeared that in a locality of the teinds of the parish, after the minister had obtained an augmentation in 1758, his title-deeds and writings had been duly produced by the appellant's father, and in that locality effect was given to his right then produced.
Dec. 4, 1799. Feb. 3, 1801.
May 23, 1804.
In 1795, the appellant's father died; and in 1798 the minister of Kilmacolm raised a new process of augmentation, which he obtained accordingly. And when the usual locality which followed was prepared, it appeared that the appellant was localled on as having no right to his teinds. He therefore objected; but his title-deeds, by which he proved, on the
Page: 78↓
And against these interlocutors the present appeal was brought to the House of Lords.
In the meantime, and in the year 1806, the minister of the parish of Kilmacolm raised a new process of augmentation, in which a decree of modification having been pronounced, the cause was remitted to the Lord Ordinary to prepare the locality.
The appellant in the interval had discovered certain of his title-deeds, which had been lost on the former occasion, and which placed the matter of right to his teinds beyond dispute.
May 24, 1812.
The Lord Ordinary, by a special interlocutor, found that these writings established a right to the teinds; but as the matter was already sub judice of the House of Lords, he sisted procedure.
After hearing counsel in the House of Lords,
It was ordered and adjudged that the cause be remitted back to the Lords of Council and Session in Scotland, as Commissioners for Plantation of Kirks and Valuation of Teinds, to review the said several interlocutors complained of in the said appeal.
Counsel: For the Appellant, Sir Samuel Romilly, William Buchanan.
Note.—Unreported in the Court of Session.