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Scottish Court of Session Decisions >>
Watson v Lord Balmerino. [1674] Mor 15639 (13 February 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor3615639-034.html
Warrandice from Ministers' teinds was found to extend to the relief of an augmentation in consequence of a subsequent law.
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The Lord Balmerino having sold the teinds of Woodhill to one Jack, anno 1631, with this warrandice, “from his own and his father's facts and deeds, and from all augmentations to the Minister of Barrie, in all time coming;” thereafter, the Minister obtained augmentation; and now the right coming to Watson, by progress, he pursues recourse, upon the warrandice, against the Lord Balmerino; who alleged, Absolvitor, because the augmentation was granted by a subsequent law, viz. by the act of Parliament 1633, extending ministers' stipends to 8 chalders of victual; and warrandice can never be extended to burdens incurred by a subsequent law, as is observed by Durie, in the case betwixt the Countess of Dumfermline and the Earl, her son. See Warrandice.
The Lords found, That in respect of the conception of the clause, being special, as to the ministers' stipends, in all time coming, and that the quota of stipends was not casus incogitatus, by a subsequent law, but that the King, by his decree-arbitral, anno 1629, before this disposition, had determined the quota of stipends, which was ratified in the Parliament 1633, thereafter, they sustained the recourse, and modified nine years purchase for the teind, conform to the act of Parliament, with annual-rent since the distress; and if the pursuer could instruct a greater price paid to Balmerino for the teind, they sustained the same price.
