Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Alexander Dunlop and Others
v.
James Horn, Minister

Date: 30 June 1668

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Mr James Horn, minister at Elgin, being presented to the vicarage of the said parish, did intent action against Mr Alexander Dunlop, and others, for the vicarage teinds of an inclosure, to which his authors had right by a feu granted by a prebend; together with a croft of land, and house belonging thereto. This pursuit was not sustained; notwithstanding that it was alleged, that the croft of land had paid parsonage teinds past memory of man; and that, albeit the prebend, when he did actually serve, was not liable to pay vicarage, yet, they being set in feu to a laick person, who did set the same to tenants, who did sow lint, hemp, and corn, which, of their own nature, do pay teinds,—it ought to be liable.

For the Lords found, That the rights of vicarage teinds were not general, but local, according to custom; and that inclosures, yards, and orchards, were not liable, unless they could prove, that some time they had been in use to teind that inclosure, or some others of that nature, belonging to prebends of that church.

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