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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Officers of State and the Heritors of the Parish of Logie, v The New College of St. Andrews. [1798] Mor 6_6 (5 December 1798) URL: http://www.bailii.org/scot/cases/ScotCS/1798/Mor06COLLEGE-002.html Cite as: [1798] Mor 6_6 |
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[1798] Mor 6
Subject_1 PART I. COLLEGE.
Date: The Officers of State and the Heritors of the Parish of Logie,
v.
The New College of St Andrews.
5 December 1798
Case No.No. 2.
Where a College is titular of the one of two parishes united, and the Crown, in right of a bishop, is titular of the other, an augmentation must be allocated upon them in proportion to to the proven rental of each.
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In the united parish of Logie and Pert the Crown, as in right of the Arch bishop of St. Andrew's, is titular of the former, and the New College of St. Andrew's of the latter.
The College contended, that an augmentation of stipend obtained by the minister should be primarily allocated on the teinds of the parish of Logie, on the ground that teinds belonging to a College are liable for stipend only ultimo loco; 9th December 1795, Heritors of Portmoak contra Douglas, No. 36. p. 14823.
The Lord Ordinary “found, that in this case the teinds of Logie belonging to the Crown, ought to be allocated upon before the teinds of Pert belonging to the College.”
But on advising a reclaiming petition for the Officers of State, and the Heriitors of Logie, with answers, the Lords unanimously found, “That the parishes of Logie and Pert, being under different titularities, the modified stipend must be divided betwixt them proportionally, effeiring to their respective rentals, and that each titular has only right to allocate his proportion thereof within his own titularity.”
Lord Ordinary, Ankerville. For the Officers of State, &c. Balfour. Alt. Ed. M'Cormick. *** See Sir William Maxwell against Earl of Hopetoun, decided the same day No. 39. p. 14832.
The electronic version of the text was provided by the Scottish Council of Law Reporting
