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Scottish Court of Session Decisions >>
Morton v Scot of Harden. [1625] Mor 14784 (6 July 1625)
URL: http://www.bailii.org/scot/cases/ScotCS/1625/Mor3414784-004.html Cite as:
[1625] Mor 14784
Stipend is a burden upon the teind, and a minister may betake himself to any of the heritors, in so far as he has teind, without prejudice to that heritor's relief against the others.
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In a suspension betwixt Mr. Robert Morton, minister at Etrick, and Sir William Scot of Harden, who was charged by the Minister to pay the stipend modified to the Minister, by decreet of Platt, anno 1617, in respect that Scot of Thirlston, who had right to the whole teind, out of which the stipend should be paid, and who was subject thereby in payment thereof, had disponed a part of the teinds to Harden, the suspender, and who, by virtue of that alienation, intromitted with the teinds disponed, and consequently who was, and became obliged to the Minister; the Lords found the Minister had good right to seek complete payment of his whole stipend from Harden; albeit that Harden alleged, That he ought to be found debtor in no further part of the stipend, but according to the proportion of so much of the teinds of the parish as was disponed to him by Thirlston, and bruiked by the suspender, which extended not to the tenth part of the teinds; and that Thirlston should be subject to pay the rest, who remained in the right and possession of the whole rest; for it were against equity, as he alleged, that he should pay all, who had so small a part of the teinds, and that the rest of the teinds should bear no burden; which allegeance and reason was repelled, and Harden found debtor to the Minister in the whole, reserving to him his relief pro rata against the possessors of the rest of the teinds of the parish; but it was found necessary to be proved, that Harden's right and intromission with the teinds extended to as great a quantity as would satisfy the whole stipend addebted to the Minister; which being proved, the charge was sustained against him at the Minister's instance, for the whole stipend.
