Scottish Court of Session Decisions

Subject_1 TERCE.

Moncrief
v.
Tenants of Newton

Date: 9 February 1667
Case No. No. 27.

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The relict by her terce has no right to the teinds, unless where there is an infeftment of the teinds by erection; and therefore in a pursuit against a tenant who paid a duty jointly for stock and teind, a fourth part was deducted as the worth of the teinds, and the relict got the third of the remainder.

In the same case, alleged, That as the manor-place belonged to the fiar without division, so behoved the close, orchards, yards, &c. The Lords, in respect nothing was alleged or instructed that there was a tower, fortalice, or manor-place having a garden or orchard for pleasure rather than profit, found no necessity to, decide what interest a tercer would have in such; but these being let by appearance as grass-yards, they repelled the allegeance, and found the tercer entitled to a third part of the rent paid upon that account.

Fol. Dic. v. 2. P. 450.

*** This case is No.129. p. 15733. voce TEINDS.