Scottish Court of Session Decisions

Subject_1 TEINDS.

The Duke of Roxburgh
v.
Scott

1744, Dec. 1, 12.
Case No. No. 22.

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The Minister of Mow and Morbottle having in 1635 obtained decreet of valuation of the teinds, and a modification of the stipend, upon which two decreets were extracted of the same date, the first finding that such was the true extent of the teinds then and in all time coming; it was objected that a Minister had no title to pursue a valuation to any other effect than to obtain a modification and locality, but not to bind the titular and the heritors in questions among themselves; and so we found 20th June last But upon reclaiming bill and answers, and a hearing in presence, we this day altered, and repelled that objection unanimously except Arniston, (and the Bench was full;) and the clause in the act 1633, especially with the addition in the commission 1641, “that the valuation of ilk parish be closed before modifying stipends,” and which was left out of all the subsequent acts, had great weight with us. And though the Minister's interest extended indeed no farther than his stipend, yet it appears that the King's Advocate in the high commission,, and the Procurator-Fiscal in sub-commissions, were in use to pursue valuations not for the King's interest in the annuity only, but to bind titular heritors, and all others concerned that were called.