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Scottish Court of Session Decisions >>
Campbell v Earl of Moray. [1777] Mor 15694 (9 July 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor3615694-081.html Cite as:
[1777] Mor 15694
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The heritors of Balquhidder, in an augmentation, contended that the same should be laid on the Earl of Moray’s teinds of Inverlocharig, as he had produced nothing but a personal right to them, no mention whatever being made of the teinds in his disposition to the lands from the family of Athole. Answered, As the estate of Glengarroch, of which Inverlocharig made a part, was feued Gut in the year 1719, by the family of Athole, in five different parcels, and a right to the teinds had been granted expressly to all the other parcels; it must he presumed that it was a mere omission not to give the same right to that in question, particularly as there is no reservation of teinds in the conveyance; and there has been no demand made for those teinds by the family of Athole from the date of the feu.
The Lords found that the Earl of Moray had instructed a sufficient right to the teinds. See Appendix.
