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Scottish Court of Session Decisions >>
James Gordon, Parson of Banchrey, v Crookshanks of Banchrey. [1692] 4 Brn 21 (10 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040021-0043.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Gordon, Parson of Banchrey, v. Crookshanks of Banchrey
Date: 10 December 1692
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In a spulyie of teinds, pursued by Mr. James Gordon, parson of Banchrey, against Crookshanks of Banchrey, who founded on his infeftments since 1618, bearing cum decimis inclusis, and so free of all stipend as long as there are any other teinds in the parish unexhausted: The Lords demurred to find thir teinds of the nature of decimœ inclusœ, unless the rentals of the abbacy of Arbroath, whereof they were a part, were produced, to see if they were possessed by that convent for a joint duty, both for stock and teind, or that there were feu-charters bearing cum decimis inclusis preceding the act of annexation of Kirklands in 1587, and that were never known to be a solo separatœ. See Stair, 13th July 1678, Monimusk.
