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Scottish Court of Session Decisions >>
The Earl of Tweeddale v Sir David Thoirs and Lord Halton. [1695] 4 Brn 270 (21 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040270-0606.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Earl of Tweeddale v. Sir David Thoirs and Lord Halton
Date: 21 February 1695
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Phesdo reported Lord Tweeddale, Chancellor, against Sir David Thoirs and the Lord Halton, about the teinds of Inverkeithing. The question was, If they were part and pertinent of the Abbacy of Dunfermling. Alleged,— They were temporal lands, and held taxed-ward of the king; and he is now presently in possession. Answered,—They were in use to pay before the 1672, when Halton dispossessed them; and it is in the rental-book, and they accepted tacks. Answered,—What tenants or liferenters did, cannot prejudge the heritor.
The Lords, before answer, allowed a probation to be taken anent the possession and use of payment, and if thir teinds were any part of the Abbacy of Dunfermling.
