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Scottish Court of Session Decisions >>
Earl of Home v Heritors of the Parish of Eccles. [1729] Mor 7825 (7 January 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor1907825-050.html Cite as:
[1729] Mor 7825
Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.
Earl of Home v. Heritors of the Parish of Eccles
Date: 7 January 1729 Case No. No 50.
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In a declarator of property of teinds, the title of the process was a right labouring under many infirmities, but which was contended to be sufficient against heritors pretending no right to the teinds of their lands, and that it was jus tertii for them to object against it. It was yielded for the defenders, any presumptive title may do in a question of lands, because no man can pretend interest in or to lands, but in consequence of a written document, which if he has not, it is jus tertii to object against any presumptive title in the pursuer; but that can never happen in a question of teinds, because an heritor's right to the lands, suppose he has none to the teinds, gives him a plain interest to object any man's being declared titular of his teinds; 1mo, Because, every heritor has a right to have his teinds declared free, rather than in the property of any man, and that because several legal interests arise to him thereby; 2do, Every heritor has an interest that his teinds should belong to the Crown rather than to a subject, the Exchequer being in use to grant tacks to heritors of their teinds at a very easy rate, and rather to belong to the patron, from whom they can acquire at six year's purchase, than to any other titular who can demand nine. The Lords sustained the pursuer's title in the same way as if the action had been a reduction and improbation of land rights.
