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Scottish Court of Session Decisions >>
Lord Dundas, v Balfour and Others. [1802] Mor 15709 (17 November 1802)
URL: http://www.bailii.org/scot/cases/ScotCS/1802/Mor3615709-093.html Cite as:
[1802] Mor 15709
The feu-duty paid to titulars by heritors, for the teinds of their lands, may be allocated primo loco for the Minister's stipend.
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The Minister of Westray and Papa-Westray, in Orkney, raised a process of augmentation many years ago, and a considerable addition to his stipend was awarded by the Court; but, owing to the particular situation of the teinds of his parish, the stipend never was allocated. The decree of modification, however, was extracted, and the Minister levied the augmented stipend. Matters continued in this situation until a new incumbent succeeded to the charge, who brought a fresh process of augmentation, and the Court (November 26, 1800,) made a farther addition to the stipend, remitting to Lord Glenlee, Ordinary, to prepare a a scheme of locality.
In arranging this locality, a question arose between Lord Dundas the titular, and the heritors, Whether the feu-duties, payable to his Lordship by the different heritors for the teinds of their lands, should be allocated, in the first instance, as free teind for the Ministers’s stipend? This question had occurred in the localities of several parishes in Orkney, in the same circumstances as the parish of Westray and Papa-Westray, and the Court uniformly found, that the feu-duties were to be allocated upon as free teind in all these parishes.
The Lord Ordinary approved of a scheme of locality of Papa-Westray, which had been made up upon this principle; and the Court, upon advising a petition for Lord Dundas, with answers, in which the arguments formerly used were again repeated, adhered.
Lord Ordinary, Glenlee.For Lord Dundas, Robertson.Agent, C. Innes, W. S.For Balfour, Clerk.Agent. A. Youngson, W. S.
Fac. Coll. No. 60. p. 138.
