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Scottish Court of Session Decisions >>
James Hamilton v The Earl of Roxburgh. [1678] 3 Brn 254 (24 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Brn030254-0315.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
James Hamilton v. The Earl of Roxburgh
Date: 24 July 1678
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In the action pursued by James Hamilton, as heritor of the lands of Nine war, against the Earl of Roxburgh, for buying the teinds from the Earl, as tacksman, or as having right from Maurice Lawder, the first tacksman:
Alleged,—They belong to the parsonage of Dumbar, and so cannot be bought.
Answered,—Since the parson was not in possession of them in anno 1627, by the King's letter, in May 1634, they may be bought.
The Lords of the Commission for Valuing Teinds inclined to sustain that they might be bought; whereupon the parties agreed, and of consent the Earl was ordained to sell these teinds at nine years' purchase, and to give an heritable and irredeemable right thereof; and decerned the valuation of them, aye till the sale was perfected, to be ten merks the boll of wheat, nine merks bear, and six merks oats.
