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Scottish Court of Session Decisions >>
John Johnston and Edward Wright v Bruce of Newton and Bruce of Kinnaird. [1686] 3 Brn 596 (00 January 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030596-0912.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1685 and 1686.
John Johnston and Edward Wright v. Bruce of Newton and Bruce of Kinnaird
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1685. November 19.—At Privy Council, Bailie John Johnston of Polton, and Mr Edward Wright, advocate, pursue Bruces of Newton and Kinnaird for a riot, in taking away the teinds of these lands; though they stood infeft in them, and had a decreet of removing. Answered,—An inhibition is the only habile way to infer a spuilyie of teinds, and not a decreet of removing.
Replied,—This is not a teind between an heritor and a churchman, (where inhibition is used,) but a third and teind between master and tenant.
The Lords demurred on this point. Vide 11th November 1686.
Vol. I. Page 376.
1686. November 11.—John Johnston of Polton, and Mr Edward Wright, advocate, his son-in-law, against Bruce of Newton, mentioned 19th November 1685. They, standing infeft in his lands as creditors for great sums of money, pursue a removing: the other posterior creditors join with Newton, and objected, they had no right to remove him from the teinds, they not being apprised. Answered,—He had comprised omne jus, which would carry the teind. 2do, They were contained in a voluntary right they had.
Then they alleged payment; which was found relevant: but, in regard the the same was very improbable, they ordained the defenders to find caution for the violent profits medio tempore, seeing they stopped the removing.
