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Scottish Court of Session Decisions >>
Duke of Douglas v Elliot of Woolie [1738] Mor 15656 (1 February 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3615656-057.html
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A titular of the teinds of a whole parish having given to an heritor an heritable right to the teinds of his own lands, to be held of the titular himself, for payment of 100 merks yearly of teind or feu-duty, which was pretty near the sum that fell to be laid upon these lands in a proportional allocation of the stipend; in a process of locality, the Lords refused to allocate any part of the stipend upon this heritor, in regard it was implied in the transaction, that he was to have right to his own teinds, absolutely free from the burden of any part of the stipend; that it must be presumed he paid an adequate price for the same, and it would be making him pay a price for nothing, if, the next day, these teinds could be evicted from him, and allocated to the Minister. See Appendix.
