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Anent the Designation of Glebes. [1679] 3 Brn 316 (19 December 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030316-0406.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Anent the Designation of Glebes
Date: 19 December 1679
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I hear that the Lords found, that the relief which is due to an heritor, of whom the designation of a minister's glebe is taken, was only a personal obligement on the present heritors of that parish and their heirs, but would not affect and reach their singular successors in these lands. So that it is their interest immediately to pursue their action of relief, seeing this relief is not debitum fundi; for nothing is to be interpreted debitum fundi but what either an express law or uncontroverted practice hath made such. And it were against the freedom of commerce to make too many debita fundi for reaching singular successors, who can be certiorated thereof by searching no register for designation of glebes or the like.
