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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Callender v Sir Robert Elphingstoun of Quarrel, and Others. [1666] 1 Brn 526 (3 July 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010526-1375.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Earl of Callender
v.
Sir Robert Elphingstoun of Quarrel, and Others
3 July 1666 Click here to view a pdf copy of this documet : PDF Copy
There being a spuilyie of teinds, pursued at the Earl of Callender's instance, against Sir Robert Elphingstoun of Quarrel, and divers others; and the Earl, having produced his seasine, and several inhibitions and tacks from the parson of Falkirk:—
The Lords would not sustain process, because the pursuer did not libel upon his tacks, but only as heritable proprietor of the teinds; whereunto the Lords
would have no respect,—this right being only a right of comprising: [and] would not allow the pursuer to produce his author's right. Page 68.
The electronic version of the text was provided by the Scottish Council of Law Reporting