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Scottish Court of Session Decisions >>
Walter Lord Torphichen v Mr Gillon of Walhouse. [1765] Mor 9936 (13 February 1765)
URL: http://www.bailii.org/scot/cases/ScotCS/1765/Mor2409936-020.html Cite as:
[1765] Mor 9936
A patron, upon the building of a new church, has a preference in the choice of his seat, though his interest in the parish be trifling, and the other heritors pay in proportion to their valuations.
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The old church of Torphichen having been taken down, and a new one erected, the area of the church, of course, came to be the subject of division. His Lordship was undoubted patron and titular of the teinds in the parish, in virtue of grants from the Crown to his family, whereby he and his ancestors were vested; as coming in the place of the preceptor, with the property of the lordship and barony of Torphichen, and all the privileges thereto belonging. He was also superior of a considerable part of the parish, of the most part of which he was formerly the proprietor, though his property at present therein was but trifling. When the heritors convened, his Lordship insisted, that he, on account of his pretensions, as above stated, was well entitled to the first choice of a seat; and, 2dly, That he had right to a seat of the same dimensions with the one that had been possessed by his family, from time immemorial, in the old church in Torphichen. Mr Gillon, on the other hand, and the rest of the heritors, were of opinion, that, as the new church was built by the heritors in proportion to their respective valuations, the extent of their valuations must determine the preference of choice, and likewise the quantum which fell to be allotted for the accommodation of each heritor; and that, as Mr Gillon succeeded to the Earl of Hopeton, who formerly had the highest valuation, he was therefore entitled to the same preference Lord Hopeton would have had, if he had not disponed his right to him. The bone of contention between the parties was, which of them should have possession of the only aisle in the new church, opposite to the pulpit, as being not only the most respectable situation, but likewise best calculated for having a full view of, and being well viewed by, the congregation.
“The Court, in respect that Lord Torphichen was patron of the parish, titular of teinds, and an heritor in the same, found him entitled to the first choice of a seat in the church, and likewise of the dimensions claimed by him. ”
