Scottish Court of Session Decisions

Subject_1 ADJUDICATION and APPRISING.
Subject_2 GENERAL CLAUSE in APPRISING and ADJUDICATION.

Home of Wedderburn,
v.
Home of Kimmergham

Date: 17 February 1702
Case No. No 4.

Teinds found not to be comprehended under a general clause.

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Home of Wedderburn, having acquired a comprising, led against his estate, by Mr Alexander Spottiswood, he pursues Home of Kimmergham for the teinds of his lands. Alledged, You have no title to my teinds; in so far as your comprising is allenarly of the lands and mill, and makes no mention of the teinds. Answered, It needs not; for teinds, being an inferior right, are carried with the lands; especially, seeing the comprising bears all right, interest, and claim of right, petitory, or possessory: And Stair observes, That, on the 27th of February 1672, Scot against Muirhead, (See Teinds) in a voluntary sale, where the disposition bore only the lands, yet the Lords extended it to the teinds also. Replied, That there were sundry specialties in this case; for he was burdened with L. 30 of teind-duty to the minister; and yet the Lords allowed the defender to be reponed, he repaying the price, cum omni causa. Dirleton likewise states this question, voce Teinds; but leaves it undecided. The Lords found this comprising did not extend to the teinds, nor comprehend the same, under the general denomination of lands, et omne jus, &c.; which is but an extension of style, ampliating the right to the lands, and goes no farther.

Fol. Dic. v. 1. p. 11. Fountainhall, v. 2. p. 147.