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Mr. Thomas Kirkcaldy v Mr. Robert Balcanquhil and Heritors of Tranent. [1663] Mor 15885 (9 July 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3615885-018.html Cite as:
[1663] Mor 15885
Mr Thomas Kirkcaldy v. Mr Robert Balcanquhil and Heritors of Tranent.
Date: 9 July 1663 Case No. No. 18.
Stipend of a Minister reponed shortly after Michaelmas as having been wrongously deposed, found to belong to the incumbent possessing till Michaelmas bona fide.
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The heritors of Tranent raised a double poinding against Mr. Robert Balcanquhil, on the one part, and Mr. Thomas Kirkcaldy on the other part, both claiming the stipend of Tranent, 1662. It was alleged for Mr. Robert Balcanquhil, he ought to be preferred, because he was Minister at Tranent, by presentation and collation, long anterior to Mr. Thomas Kirkcaldy; and albeit he was deposed in anno 1648, yet he was reponed by the Bishop of Edinburgh and Synod of Lothian, in October 1662, becadse of that narrative that he was unlawfully deposed in anno 1648, and so being reponed before Martinmas 1662, he thereby must have right to the half, due at Martinmas 1662. It was answered for Mr. Thomas Kirkcaldy, that Balcanquhil's re-possession being after Michaelmas 1662, which is the legal term of stipends, and he having served till that time, by a title standing, reposition can operate nothing before its date, and so cannot reach to Michaelmas term.
The Lords preferred Mr. Thomas Kirkcaldy to the whole year.
