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Scottish Court of Session Decisions >>
Jean Crawford, Relict of James Crawford, Son to the Laird of Ardmillan, v John Kennedy of Baltersan. [1713] Mor 11615 (10 July 1713)
URL: http://www.bailii.org/scot/cases/ScotCS/1713/Mor2711615-282.html Cite as:
[1713] Mor 11615
Possession, how presumed, and what presumed from it.
Subject_3 SECT. I.
Whether the Proprietor is presumed to have uplifted the Teinds.
Jean Crawford, Relict of James Crawford, Son to the Laird of Ardmillan, v. John Kennedy of Baltersan
Date: 10 July 1713 Case No. No 282.
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Jean Crawford having right by progress to some tacks set by the Bishop of Dumblain to the deceased Kennedy of Baltersan, of the teinds of his lands, pursued John Kennedy now of Baltersan, as heir to the defunct his father, for payment of 16 years tack-teind-duties; during which time, it was proved, that he the defunct was heritor of, and possessed the lands. The Lords found the defender liable for these teind-duties, albeit it was not proved that he was in the natural possession, or that he received a joint duty for stock and teind; in respect it is presumed, that he intromitted with the whole rents comprehending both stock and teind; seeing it is not alleged that any other person uplifted the teind.
