Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. XV.

Use of Payment.

The Laird of Bassindean
v.
Bell

1662. February.
Case No. No 223.

Effect of voluntary payment of a greater quantity of teinds than due.

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George Home of Bassindean, as tacksman of the teinds of the parishes of Gordon and Woolstruther, pursues William and George Bells for certain quantity of teind duties, whereof they have been in use of payment. It was alleged, Their teinds are valued by a decreet of valuation, and that they are obliged to pay no more, but according to the said valuation. It was answered, That notwithstanding of the valuation, they have been in use of payment of a greater quantity, by the space of ten or seven years. It was replied, That voluntary use of payment cannot prejudge the payers further than during their voluntary payment, and cannot take away their right constituted by the decree of valuation, no more than if a vassal should, for divers years, pay a greater feu-duty than what is contained in his infeftment.

The Lords found the allegeance relevant.

Fol. Dic. v. 2. p. 428. Gilmour, No. 36. p. 468.