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Scottish Court of Session Decisions >>
Alexander Leslie v The Heritors of Rayne. [1800] Mor 34_3 (14 January 1800)
URL: http://www.bailii.org/scot/cases/ScotCS/1800/Mor34STIPEND-002.html Cite as:
[1800] Mor 34_3
Temple-lands are not exempted from payment of stipend.
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Alexander Leslie objected to the locality of Rayne, imposing part of an augmentation on him, inter alia, because his property had originally belonged to the Knights Templars; Stair, B. 4. Tit. 24. § 9. B. 2. Tit. 8. § 7., and had on that account been exempted from payment of stipend by a former locality in 1754, which he contended was now confirmed by prescription.
The heritors
Answered: It is doubtful if the Knights Templars ever enjoyed any exemption in Scotland, or to what extent. In all events, it was personal to themselves, and did not descend to their vassals and singular succesors. Spottiswood's Account of Religious Houses, p. 239, &c.; Forbes on Tithes, p. 239, &c. 375. &c. Mackenzie's Obs. on Act 29th, 11th Parl. Ja. 6. Ersk B. 2. Tit. 10. §14.; Minister of Barrie against Gairden, No. 108. p. 15721.
The locality 1754 was fixed without discussion, and is to be considered as ex parte.
The Lord Ordinary repelled the objection.
On advising a petition, with answers, the Lords ‘adhered.’
Lord Ordinary, Ankerville.For Leslie, J. W. Murray.Alt. Ja. Gordon.
Fac. Coll. No. 154. p 348.
