Scottish Court of Session Decisions

Subject_1 TEINDS.
Subject_2 SECT. I.

Nature and Effect of this Right.

Archibald Frierland
v.
The Laird of Orbistoun

1684. February.
Case No. No. 43.

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Found, That a tack of teinds let by a minister for his life-time, and five years after, without consent of the patron, did subsist for three years, and was only null quoad excessum. And another tack of the teinds granted to the patron, being questioned as simoniacal, and quarrellable by the next incumbent, the Lords found, that, by the act 1. Parl. 21. James VI. and act 9. Parl. 1. Charles II. patrons are allowed to transact with their Minister for a tack of the teinds, reserving a sufficient allowance the to Minister, which, by law, is not simony.

Harcarse, No. 966. p. 274.