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Scottish Court of Session Decisions >>
M'Kenzie v Parishioners of Sclait. [1627] Mor 14785 (4 July 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor3414785-005.html Cite as:
[1627] Mor 14785
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In an action of letters conform, at the instance of——————M'Kenzie, minister of Sclait, against the Parishioners thereof, the Lords found, That a gift presenting, and, in the same presentation, admitting the Minister to the kirk, the same being a benefice at the Bishop of the Isles' presentation, was sufficient thereon to seek letters conform; and that there needed no other several collation nor institution, the benefice being given by the Bishop of the diocess, who was patron, and conferred by him, by his gift, to the Minister pleno jure: And because there compeared another Minister, who alleged, that, upon another gift, granted to him by the same Bishop, of the same benefice, he had obtained letters conform, in his favour, so that no other sentence could be granted to another, this allegeance was repelled, in respect this pursuer replied, that he was actual Minister, and served presently the cure at the kirk, and had done the same these 18 years; which being proved, the Lords preferred him, notwithstanding of the other sentence of letters conform.
