Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

The Schoolmaster of Drone
v.
some Heritors in Dumbarnie

Date: 23 February 1671

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The Schoolmaster of Drone pursuing some heritors in Dumbarnie to pay their proportion of the stipend contained in the stent roll; alleged,—They paid that proportion he charged for to another schdolmaster, and so could not also pay to him. Answered,—That by acts of Presbytery they were disjoined from that place to which they alleged they paid that stipend, and annexed to Drone. replied,—This disjunction and dememberation is only quoad officium but not quoad beneficium. Duplied,—Qui habet incommodum, viz. the pains, debet et habere commodum.

My Lord Advocate found the letters orderly proceeded; only ordained them to have suspension upon the two Schoolmasters' competition, without caution or consignation.

Advocates' MS. No. 152, folio 92.