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Scottish Court of Session Decisions >>
Earl of Galloway v Agnew. [1731] Mor 15655 (00 February 1731)
URL: http://www.bailii.org/scot/cases/ScotCS/1731/Mor3615655-055.html Cite as:
[1731] Mor 15655
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In a process of locality, the Lords found, That the End of Galloway having right to the whole teinds of the parish of Kirkoolm, in virtue thereof could exempt his own lands, even from that part of the stipend which had been immemorially paid out of them to the Minister. This was found, 1mo, Because the act 23. Parl. 1693, makes no distinction, but allows, in general, patrons to exempt the teinds of their own lands; 2do, From the nature of the thing, because, when a patron or titular has right to the whole teinds of a parish, it is equal to him how the stipend be paid, whether out of the teind of his own or other people's lands, for still he draws the remainder. An use of payment of this kind is as much voluntatis with respect to the titular, as it is with respect to the proprietor to lay the burden of the Minister's stipend, sometimes upon one farm, sometimes upon another. See Appendix.
