Scottish Court of Session Decisions

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I.

Nature of this species of Property.

Mr William Barclay
v.
The College of St Andrews

1685. March.
Case No. No 32.

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In an action at the instance of a minister against the College of St Andrews, for payment of L. 40 of augmentation to the pursuer, as decennalis et triennalis possessor thereof by a presumed right;

Alleged for the defender; The foresaid rule of chancery presumes only a minister's title to be good where it is not produced; but where it is produced, as here, it may be convelled by nullities, and præsumptio cedit. And the pursuer's title to the L. 40 is null; for that though it flows from the college, it is not subscribed by a quorum of the masters appointed by the foundation.

The Lords sustained the allegeance for the college, and assoilzied.

Harcarse, (Ministers.) No 694. p. 196.