BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Heritors of the Parish of Collessie v Miss Henrietta Scott. [1782] Mor 15694 (17 July 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor3615694-082.html Cite as:
[1782] Mor 15694
Heritors of the Parish of Collessie v. Miss Henrietta Scott
Date: 17 July 1782 Case No. No. 82.
Whether separate reddendos for stock and tithe be inconsistent with decimæ inclusæ?
Click here to view a pdf copy of this documet : PDF Copy
Miss Scott was proprietress of certain lands which had anciently belonged to separate the abbacy of Lindores. In all the different charters of these lands, the teinds were comprehended, and uniformly denominated, decimæ garbales inclusæ. Different duties, however, for stock and teind were contained in those charters, and paid by the vassals.
In a process of augmentation, Miss Scott claimed an immunity from payment of stipend for these lands, as being held by her cum decimis inclusis.
But the Court, considering that lands granted can decimis inclusis were such as had never been subject to the exaction of teind, or in which there had never existed a separation of stock and tithe, whereas here were an actual separation and a corresponding distinct payment of duties, adhered to the Lord Ordinary’s interlocutor repelling the objection.
Lord Ordinary, Gardenstone.Act. Tytler.Alt. Ilay Campbell, R. Dundas.
Fol. Coll. No. 54. p. 86.
