Scottish Court of Session Decisions

Subject_1 PRESCRIPTION.
Subject_2 DIVISION I.

Negative Prescription of Forty Years.
Subject_3 SECT. IX.

Teinds.

Mr Robert Bennet, Minister of St Ninians
v.
The Tenants of Craigforth

Date: 16 June 1666
Case No. No 60.

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In a pursuit for vicarage teinds, pursued at the instance of Mr Robert Bennet, minister at St Ninians, against the Tenants of Craigforth, belonging to the Laird Elphingston; the Lords found the defenders liable in payment of the vicarage of lamb, stirk, and wool, as being the ordinary vicarage of the country, albeit the pursuer nor his predecessor minister had never been in possession; and assoilzied from all other vicarage teinds, as decima insolita quæ peti non debent, unless that the minister would allege, that he and his predecessor had been in possession.

Fol Dic. v. 2. p. 101. Newbyth, MS. p. 63.