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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Alexander Chalmers v Archibald Duff of Drummuir. [1769] Hailes 285 (28 February 1769) URL: http://www.bailii.org/scot/cases/ScotCS/1769/Hailes010285-0124.html Cite as: [1769] Hailes 285 |
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[1769] Hailes 285
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 GLEBE.
Subject_3 Presbyteries cannot design Moss for the use of a Minister.
Date: Mr Alexander Chalmers
v.
Archibald Duff of Drummuir
28 February 1769 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IV. p. 162; Dictionary, 5147.]
Auchinleck. If there is plenty of peats in the Duke of Gordon's moss, this is a good defence. Upon the general point, there can be no universal rule, for in many parishes there are no peats. When a minister is once in possession of moss, and the moss is exhausted, it would be hard to prevent him from the use of other mosses. Heritors might thereby drive ministers out of the parish; for, in many parishes, the expense of leading peats from a distance would exhaust the stipend.
President. There is nothing in this cause that can induce me to extend the jurisdiction of the Presbytery; for the Presbytery has acted with the most glaring partiality.
On the 28th February 1769, “The Lords found the Presbytery were incompetent judges, and that their decreet was, funditus, null and void;” adhering to Lord Kaimes's interlocutor.
For Mr Chalmers, R. M'Queen. Alt. A. Lockhart. Diss. Auchinleck, Barjarg, Hailes.
The electronic version of the text was provided by the Scottish Council of Law Reporting