Scottish Court of Session Decisions

Subject_1 PATRONAGE.
Subject_2 SECT. II.

Vacant Stipend.

Lord William Douglas
v.
Heritors of Mannour

Date: 6 December 1695
Case No. No 29.

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In a double poinding about a vacant stipend, where the patron had destinated the same for building a bridge in the parish; and on the other hand, the heritors and presbytery had allocated it for repairing the church and manse, it was found, That since the patron was never interpelled by the heritors and presbytery to apply, but that he had made the first application himself, and that to an uncontroverted pious use within the parish, therefore destination must be preferred.

Fol. Dic. v. 2. p. 48. Fountainhall.

*** This case is No 12. p. 8501. voce Manse.