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Scottish Court of Session Decisions >>
Sir Robert Gordon v Dunbar of Newtoun. [1744] Mor 15741 (22 February 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Mor3615741-141.html
The rule for valuation where the teinds drawn ipsa corpora are mixed with the teinds of other lands.
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Where teinds of certain lands have been drawn ipsa corpora by the titular, and mixed so with the tends of other lands as not to admit a proof of the real quantity or annual value, the rule for ascertaining the value of these teinds, in a process of valuation at the instance of the heritors of the land, is, that the teinds be valued at the same rate as where a joint-duty is paid for stock and teind; that is, that they be valued at the fourth part of the rent paid to the pursuer for the stock; which comes to the same with the fifth part of the rent where that rent is paid both for stock and teind.
