Scottish Court of Session Decisions

Subject_1 TEINDS.

Earl of Morton, &c
v.
Marquis of Tweddale

1753, Feb. 28.
Case No. No. 35.

Click here to view a pdf copy of this documet : PDF Copy

Eabl or Morton and Captain Stewart pursued a process of approbation of a valuation of their teinds led before Sub-Commissioners in 1629, wherein the defence was that the valuation was departed from by a contrary use of payment ever since. Answered: The payments made were of less value than the valuation. We allowed a proof before answer; and the proof came out that the valuation of Morton's lands was six chalders victual, two-thirds bear, and one-third meal, and L.8 for vicarage; and that there was an old rental of two bolls and a half of wheat and four bolls bear, and 18 bolls best black oats, and L 8. 6s. 8d. of money for vicarage, which has constantly been paid ever since; and the 18 bolls black oats subset to Morton's author from 1703 at 3s. 4d. tack-duty, with power to him to raise inhibitions, pursue spuilzies, &c. This we thought was a total dereliction of the valuation, and therefore assoilzied from the approbation. The pursuer reclaimed, for that the grain paid was truly in money of less value; 2dly, That here there was a rental, and where that is, the valuation is not by proof of the full rent, stock and teind, but the rental bolls are the valuation with deduction of the King's case. But we thought that the use of payment was a passing from the Sub-Commissioners valuation, and that rental bolls bound neither party longer than they pleased, and therefore were no sufficient objection to a valuation in the usual form; and upon answers refused the petition. But upon the other conclusion of their libel, that at least we should value their teinds, allowed both parties a proof. This second was agreeable to our judgment 20th June 1744, College of Glasgow, (No. 19.)