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Scottish Court of Session Decisions >>
The Earl of Kincardin v The Laird of Rosyth. [1669] Mor 15636 (24 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor3615636-029.html Cite as:
[1669] Mor 15636
Right of teinds not affected by a decree of Parliament ordaining the titular to sell them at a certain price, that price never having been offered.
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The Earl of Kincardin pursues the Laird of Rosyth for the teinds of his lands, to which the pursuer has right. The defender alleged, That he had obtained a decreet of the High Commission for Plantations against the Earl, whereby they decerned the Earl to sell and dispone these teinds, for a price mentioned in the decreet, being about nine years purchase thereof, and therefore the pursuer cannot have right to the teinds themselves, but only to the annual-rent of that sum, which was the price. The pursuer answered, That he opponed the decreet produced, which did not, de præsenti, adjudge the teinds to the defender, but decerned the pursuer to sell them to him, upon payment of the said price, which can give no right to the teinds till the price be paid, or at least offered, which was never done.
The Lords repelled the defence, in respect of the reply.
