BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Moncrief v Tenants of Newton. [1667] Mor 15844 (9 February 1667)
URL: http://www.bailii.org/scot/cases/ScotCS/1667/Mor3615844-027.html Cite as:
[1667] Mor 15844
Click here to view a pdf copy of this documet : PDF Copy
The relict by her terce has no right to the teinds, unless where there is an infeftment of the teinds by erection; and therefore in a pursuit against a tenant who paid a duty jointly for stock and teind, a fourth part was deducted as the worth of the teinds, and the relict got the third of the remainder.
In the same case, alleged, That as the manor-place belonged to the fiar without division, so behoved the close, orchards, yards, &c. The Lords, in respect nothing was alleged or instructed that there was a tower, fortalice, or manor-place having a garden or orchard for pleasure rather than profit, found no necessity to, decide what interest a tercer would have in such; but these being let by appearance as grass-yards, they repelled the allegeance, and found the tercer entitled to a third part of the rent paid upon that account.
