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Scottish Court of Session Decisions >>
Earl of Marchmont and Others v Earl of Home and Others. [1776] Mor 7924 (17 December 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor1907924-014.html Cite as:
[1776] Mor 7924
Earl of Marchmont and Others v. Earl of Home and Others
Date: 17 December 1776 Case No. No 14.
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The church of Eccles being rebuilt, the Sheriff, in a process of division of the area, found that a former division was an improper one, being against the consent of some of the principal heritors, and that the same was not binding; and found that each heritor's share must be set apart by itself, and that the heritors have choice of place, according to the valuation of their several estates, and appointed a sworn surveyor and measurer to proportion the said area accordingly. The Lords, in an advocation, sustained that judgment, with this variation, That each heritor, in proportion to his valued rent, must have a seat in the church for himself and family, distinct from the share of the area, to be allotted to his tenants; but that, in dividing the whole area of the church, the area of each heritor's seat must be taken in computo in making up his share corresponding to his valued rent.——See Appendix.
