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Scottish Court of Session Decisions >>
Earl of Galloway v Gordon. [1629] Mor 15329 (13 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor3515329-218.html Cite as:
[1629] Mor 15329
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The Earl of Galloway pursues certain parishioners of Mochron for payment of a certain quantity libelled against each person of rental-bolls, whereof they had been in use of payment divers years before the year libelled; at least, such prices as the pursuer and the said persons occupiers of the said lands libelled could agree upon; which alternative, viz. the last part, was not found relevant to bind upon the defenders use of payment of rental bolls; but the Lords ordained the pursuer to give the greatest price that he could prove was paid to him any year before the year contained in his libel. The reason was, because it might be that the rental bolls claimed were more than the true avail of the teind; and seeing the pursuer might serve inhibition, and obtain the worth of his teind that way, it was not equitable to draw upon them the payment of rental-bolls because they had been in use to pay a sum but small for their teind.
