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Scottish Court of Session Decisions >>
The College of Aberdeen v The Town. [1679] Mor 15645 (12 December 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor3615645-039.html Cite as:
[1679] Mor 15645
Teinds being of old in use of payment by rentalled bolls, and thereafter a tack for a definite time, which being expired, the heritors were found liable for the use of payment by the tack till inhibition, and for the full value thereafter, and were not liberated by offering the old rentalled bolls.
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The College of Aberdeen pursues a spuilzie of teinds against the Town, who alleged that they could be only liable for their accustomed duty, because the same was settled by rentalled teind bolls past memory, and the visitors of the College ordained that duty to be accepted. It was answered, non relevat, for rental bolls is but an ancient use of payment, which may be interrupted; but here the defenders have taken tacks for a definite time, which is expired, and the College have used inhibitions.
The Lords repelled the defence, and found the defenders liable for the accustomed duties before the inhibitions, and for the full duty thereafter, but allowed both parties to be heard, whether the duty should be the fifth part of the rent, or the drawn teind till valuation.
