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Scottish Court of Session Decisions >>
Heasilhead v His Tenants. [1639] Mor 15732 (8 March 1639)
URL: http://www.bailii.org/scot/cases/ScotCS/1639/Mor3615732-127.html Cite as:
[1639] Mor 15732
Rentallers found not entitled to pursue a valuation.
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Some tenants to the Laird of Heasilhead, being rentallers of some of his lands for their lifetimes, and the life of the setter, for payment of a certain duty therein contained for the lands, and for paying of the teind-duty, as should be imposed, obtain decreet before the Lords of Session against their Master, setter of the rentals, and who had acquired right to the teind from the titular, according to a valuation of the teinds tried and estimated before the Commission, finding that they should bruik the teinds of their lands set to them in rental, for payment of their proportion of the valued bolls. This decreet was desired to be reduced, by reason that by virtue of the said Commission, the benefit of valuation of teinds, is by no clause of the Commission, conceived in favours of tenants of other heritors' lands, who are but naked rentallers, and rentallers only during the lifetime of the setter and receiver conjunctly; for that clause of the Commission, concerning life-renters, is only to be understood of life-renters by virtue of infeftments, as conjunct fee, and other sicklike right; and therefore these rentallers could never have had interest to pursue such an action, and to crave the benefit of the valuation of teinds. The Lords found the reason relevant, and reduced the decreet; for the Lords found, this Commission of teinds contained no clause in favours of any rentaller of land, which ought to give them right to claim the benefit of valuation of teinds, but when any action should be pursued against the rentallers, for their teinds, the Lords declared that they would have consideration of the rentals, and what should be in equity paid by them for their teinds.
