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Scottish Court of Session Decisions >>
Earl of Panmuir v Parishioners. [1666] Mor 10760 (7 February 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2510760-059.html
The right of teinds suffers not the negative prescription.
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The Earl of Panmuir having right to the abbacy of Aberbrothwick, pursues for a part of the teinds thereof. It was alleged, Absolvitor; because they had possessed their land forty years free of teind to any body; and by the general act of prescription, all right prescribes not pursued within forty years, and so doth the right of this teind. It is answered, That the right of teind is founded on law, and not upon any particular or private right; and therefore, albeit in the case of competition of private parties pretending right to teinds, one right may be excluded by another, yet the teinds themselves must always be due except where the lands are decimis inclusis, and did belong to privileged churchmen of old, such as the Cistertian Order or Templars, manse or glebes.
The Lords repelled the defence, in respect of the answer; for they thought, albeit the bygones of the teind preceding the forty years might prescribe; yet the right of teind could not, more than the customs could prescribe, if they were neglected to be exacted for forty years, or a feu-duty.
