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Scottish Court of Session Decisions >>
Scot v Muirhead. [1672] Mor 15637 (27 February 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Mor3615638-031.html Cite as:
[1672] Mor 15637
Teinds were found to be carried by a disposition of lands which contained an assignation to the tacks of the tenants who paid a joint duty for stock and teind.
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Mr. John Muirhead having sold certain lands to Walter Scot and his son, they pursue declarator, that thereby they have right to the teinds of the said lands, in so far as the disponer had right, because, by the disposition, though there be no express mention of the teinds, yet the same is implied, in so far as they are assigned to the tenants' tacks without reservation, and they are burdened with £.30 of teind to the Minister, and all subsequent augmentations, and the tenants pay a joint duty, both for stock and teind, and they gave more than twenty years purchase for the rental, comprehending both stock and teind. It was answered, That teinds being distinct rights from lands, the same cannot be conveyed with the lands, unless they be expressed, and not by presumptions or inferences.
The Lords having ordained the communers, writers, and witnesses in the disposition to be examined ex officio, they found little clearness thereby; but, by the tenor of the disposition, they found, that the pursuer had right to the teinds; but, in regard that the conception was so unclear, they allowed the defender to be reponed, refunding the price cum omni causa, except the composition to the superior.
