Scottish Court of Session Decisions

Subject_1 PERSONAL and REAL.
Subject_2 SECT. I.

Debita fundi.

Mr James Moir, Minister at Frasersburgh,
v.
Lord Salton, Laird of Techmuiry, and his Other Parishioners

1694.
Case No. No 11.

Click here to view a pdf copy of this documet : PDF Copy

The Lords found, that the expense bestowed by the minister in repairing his manse was not debitum fundi, and affected none but the heritors and possessors at that time, and not singular successors, as was found, Mr Lawrence Charteris, No 5. p. 10165.; and found his right to foggage and grass was an annual prestation that could far less descend to singular successors; but demurred a little if my Lord Salton could be reputed one, seeing he had bought in the rights on his grandfather Philorth's estate.

Fol. Dic. v. 2. p. 62. Fountainhall, v. 1. p. 601.