Scottish Court of Session Decisions

Subject_1 REMOVING.
Subject_2 SECT. III.

Warning, in what Cases necessary. - How to be executed.

Mr Patrick Couper, Minister at Anstruther,
v.
Mr Andrew Bruce, late Minister there

Date: 22 December 1692
Case No. No 73.

The manse follows the church and stipend, so the entrant may remove the possessor summarily without warnting.

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The Lords found there needed not formal warnings for minister's manses, but a summary removing; and that the manse followed the right of the church, and the stipend, and that Couper having right to the one, behoved also to have possession of the other; though Mr Bruce had a depending appeal before the General Assembly, and an act of Privy Council for a conference with the ministers of that presbytery, anent the right of that church, and they filled it medio tempore; for they alleged. It was extra territorium to the Privy Council to meddle with planting of ministers. And, as to the first, the President asserted, that these church appeals were not of a suspensive nature, so as to bind up the presbytery's hands from filling the church, if the presbytery from whom the appeal was interjected thought it frivolous, and if they took their hazard of the synod, or General Assembly's censure, if they should afterwards find the presbytery had proceeded rashly, in rejecting the appeal; but this frustrates the appeal, and makes the inferior court still judge.

Fol. Dic. v. 2. p. 336. Fountainhall, v. 1. p. 537.