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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr William Duncan v The Parishioners of Kilpatrick-Easter. [1698] Mor 5140 (12 February 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor1205140-021.html
Cite as: [1698] Mor 5140

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[1698] Mor 5140      

Subject_1 GLEBE.
Subject_2 SECT. V.

Glebe, out of what lands designable.

Mr William Duncan
v.
The Parishioners of Kilpatrick-Easter

Date: 12 February 1698
Case No. No 21.

A glebe cannot be designed out of temple lands.


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In a pursuit by Mr William Duncan against the parishioners of Kilpatrick-Easter, for making up the minister's glebe, and L. 20 yearly for his grass; the question arose, if temple-lands were kirk-lands in the sense of the act of Parliament, so as to bear a proportional burden with bishop's, parson's, and abbot's lands; and the Lords remembered it had been several times decided they were not, being given to the Knights for defending the Temple of Jerusalem at first, and then Rhodes and Malta, and were secular lands. And I find it so decided in the Parliament of Paris in Antonius Bengæus, and Francis Pinzonius, their tractates de beneficiis ecclasiasticis.

Fol. Dic. v. 1. p. 352. Fountainhall, v. 1. p. 824.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor1205140-021.html