BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Jamieson v Tenants. [1626] Mor 5059 (6 December 1626)
URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor1205059-002.html Cite as:
[1626] Mor 5059
A minister having charged on general letters; his declaration as to the precise quantity of victual due by a suspender, was allowed to be tried in the suspension, without a new action.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension betwixt Mr William Jamieson and the Tenants of Longnewton, for suspending of the charges raised at the minister's instance, upon his decreet of general letters conform, as provided to the right of the parsonage of that kirk, the Lords sustained a declaration given in by the minister, containing the special quantity of the victual, for the which the suspenders were charged, which the Lords received to be taken in and tried in the same suspension, without any new process or action therefor, the charger proving, that the teinds, the year controverted, extended to that quantity contained in the declaration foresaid, and that the defenders intromitted with the same that year, and that the minister had served inhibition for the same debito tempore that year; which declaration, fortified with the answer, offering to prove the particulars foresaid, the Lords sustained, and found it not necessary to the minister to allege or prove that the suspenders had ever been in use to pay that duty acclaimed for these teinds by the minister at any time preceding, or that the minister had ever been in possesion of that quantity, without the which the said declaration was admitted.
