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Scottish Court of Session Decisions >>
Minister of Crailing v Ker. [1622] Mor 14783 (20 December 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor3414783-002.html Cite as:
[1622] Mor 14783
A compriser of a right to teinds, though never entering to possession, is liable to the Minister for his stipend.
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The Minister of Crailing having assigned to him, by the Commissioners of Parliament, a constant stipend furth of the fruits of the said church, Sir John Ker, pretended patron, and heritor, and his successors and intromitters, charged Alexander Stewart and Sir John Preston, as having comprised Sir John Ker's right of the Abbacy of Jedburgh, whereof the kirk was a part, to pay to him his modified stipend. They suspended, alleging, That they had not intromitted by virtue of their comprising, but that Sir John Ker had spuilzied; to which action they were content to make the Minister assignee pro tanto. The Lords would not sustain the reason to put the poor minister to pursue Sir John Ker, who was a notour rebel; but found the letters orderly proceeded, notwithstanding that reason.
Fol.Dic. v. 2. p. 394. Haddington MS. No. 2710.*** Durie reports this case:
Sir John Preston having comprised Sir John Ker's heritable right of the teinds of Crailing, for debt owing to him by the said Sir John Ker, and being charged to pay the minister's stipend, wherewith the teinds were affected, suspended, on this reason, That he was not intromitter, and that he renounced his comprising of these teinds; which comprising, not being profitable to him, for his own satisfaction, could not bring any other burden upon him, there being other persons who intromitted with the teinds. The Lords found this reason noways relevant; but found, that Sir John Preston, having comprised, and been infeft, ought to pay the stipend, sicklike as Sir John Ker should have done, in whose right he succeeded; seeing, by his comprising, and right following thereon, he might have intromitted by law; and if he was debarred by any other who intromitted, he had, by virtue of his rights, a competent action of spuilzie against the intromitters.
