Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. VI.

Colourable Title of Intromission.

A
v.
B

Date: 13 December 1637
Case No. No. 53.

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Tenants being pursued for spuilzie of teinds, alleged, That they had bona fide paid their teinds to their master, who had tack and assedation set by him thereof, and who had again set to them, for a certain duty, both stock and teinds. It was replied, That their master's right was not good, but antedated. To which it was answered, That they were not holden to dispute upon their master's right. It was sufficient to liberate them from spuilzie, having made payment to their master before any inhibition was served. The Lords found the exception relevant.

Auchinleck MS. p. 216.