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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Andrew Arrot v Dempster. [1737] 1 Elchies 467 (7 December 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010467-008.html |
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Subject_1 TEINDS.
Mr Andrew Arrot
v.
Dempster
1737 ,Dec. 7 .
Case No.No. 8.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the defenders lands teind free, though his charter cum decimis inclusis, which seemed to be the original charter, was dated only in 1558; and were of opinion that our lawyers have been in a mistake in fixing the Lateran Council as a period, nem. con., only Strichen doubted,—30th June 1736.
In this question of decimæ inclusæ where the charter was no earlier than 1558, the Lords adhered to their former interlocutor of 30th June 1736 (quod vide) finding the lands teind free, and thought the council had nothing to do in this question of decimæ inclusæ.— N. B. We had now with us Culloden, President, and Arniston, who were not Judges at the former interlocutor, but were clear of opinion of the interlocutor, and indeed we were all unanimous except that Drummore did not vote because he had not read his papers. Omnino vid. Dirleton, D. 229, 28th January 1675, (Dict. No. 101. p. 15,717.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
