Scottish Court of Session Decisions

Subject_1 TEINDS.

Viscount Primrose
v.
Sir J Dalrymple.

1740, July. —
Case No. No. 13.

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I Keep these papers chiefly because of the memorials, pretty full upon the authority and effect of a valuation of the sub-commissions not approven by the Court of Commission. In this case we thought that odd sort of decreet of the Commission to be nothing, and found that there was no decreet of valuation, reserving to the heritor yet to insist for approbation of the report of the sub-commission as accords.—16th July 1740.

N. B. 4th December 1740.—Yesterday in the Commission on the question betwixt Lord Primrose and Sir John Dalrymple, the Lords waved determining the question whether a report of the sub-commission not approved can prescribe so as a process of approbation may not be pursued after 40 years, though possession has followed agreeably to the report, i. e. the titular never drew the teinds, nor any duty higher than that reported by the Sub-Committee. Arniston thought the action prescribed;—but the Court thought it of great importance setting aside all the old reports, and though severals have been not many years ago approved.