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Scottish Court of Session Decisions >>
The Marquis of Annandale v Irving. [1748] Mor 15661 (4 December 1748)
URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor3615661-064.html Cite as:
[1748] Mor 15661
Whether teinds are carried by a general grant of patronage cum decimis?
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In a sale pursued before the Commission, by Irving of Bonshaw, of his teinds in the parish of Kirkpatrick-Fleming, against the Marquis of Annandale, as patron, the Marquis alleged he was not only patron, but also titular, and, as such, entitled to nine years purchase. The right he produced was a charter in the year 1663, of the patronage, in these words: “Una cum jure patronatûs ecclesiæ parochialis et parochiæ de Kirkpatrick-Fleming, et decimis tam rectoriis quam vicariis earundem.”
But as in all grants of patronage there is a clause una cum decimis, to give the patron a title to the administration of the teinds, and as to give a right to teinds a special grant is necessary, which are not understood to be carried by such a clause as this, giving them as an appendage of the patronage, the Lords found, “That the Marquis had only right to the teinds as patron, and as such was entitled only to six years purchase.”
In this same process, the patron having insisted, that, in respect of a depending augmentation, such part of the teinds of the pursuer's lands should be deducted from the sale as he might allocate in augmentation, so as he might free his own lands, the Court thought the demand reasonable; but, as the quantum could not appear till the issue of the augmentation, they sisted farther procedure in the sale till the second Wednesday of June following.
