Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 TEINDS.
Subject_3 The rule for valuing teinds when the titular has been accustomed to draw the ipsa corpora, or teind sheaves of burgh acres.

Mr Thomas Mutter
v.
Heritors of The Burrough Acres of Dumfries

Date: 25 June 1777

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[Fac. Coll., VII. 430; Dict., App. I., Teinds, No. 2.]

Braxfield. When teinds are valued separately, it is a heavier sort of valuation than when jointly, and therefore an ease is given. The heritors however choose to adopt that rule, because they see that the proof will not come out clear. But this will not do when the extent of the drawn teind cannot be ascertained. There is no such thing as averaging in a case like this. What the Ordinary has done here, was also done in the case of Lauder.

Covington. The same thing was done in the case of Sir Robert Gordon.

Justice-Clerk. So also in the case of Dalkeith. The method proposed by the heritors is inextricable.

Auchinleck. The plan of the heritors is to make themselves considered as socii; which is impossible.

On the 25th June 1777, “The Lords repelled the general objection;” adhering to Lord Gardenston's interlocutor, and found expenses due.

Act. Ilay Campbell. Alt. A. Crosbie.