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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Birnie v Brown of Bishopton. [1678] Mor 11000 (29 November 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2611000-199.html
Cite as: [1678] Mor 11000

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[1678] Mor 11000      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION VI.

Præscriptio decennalis et triennalis.

Mr John Birnie
v.
Brown of Bishopton

Date: 29 November 1678
Case No. No 199.

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The Lords, at the instance of a minister against the parishioners, decerned for a yearly sum out of each weaver's loom, and for the salt made in the parish, though these were decimæ industriales, in respect of 40 years possession, which at least is required where teinds are only due locally, et per consuetudinem; but in the usual teindable species, such as lamb, wool, &c. triennalis et decennalis possessio is sufficient, which difference is observable.

Fol. Dic. v. 2. 114. Stair. Fount.

*** This case is No 1. p. 2489., voce Communion Elements.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2611000-199.html