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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferguson v The Parishioners of Kincarth. [1671] 1 Brn 624 (26 January 1671) URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn010624-1559.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Ferguson
v.
The Parishioners of Kincarth
26 January 1671 Click here to view a pdf copy of this documet : PDF Copy
Alexander Ferguson, as one of the prebends of the Chapel-Royal, having pursued the heritors of the Parish of Kincarth, for their teinds, for bygones and in time coming;—Compearance was made for the parson of Rothesay, whereupon it was alleged for him and the parishioners, That they ought to be assoilyied, because he had a presentation to the said kirk and parsonage, bearing the teinds of Kincarth, and was in possession by the space of 40 years.
It was replied, That the pursuer, being a prebend of the Chapel-Royal, to which the teinds of the said parish were annexed, ought to be preferred to the said parson of Rothesay, whose right was only a naked presentation clad with possession.
The Lords, as to all bygones, did assoilyie the Parishioners who had made payment; but did decern for all years since the citation: the pursuer always instructing by the books of assumption, or an extract forth of the same, that the kirk of Kincarth is one of the prebend kirks of the Chapel-Royal.
Page 143.
The electronic version of the text was provided by the Scottish Council of Law Reporting