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United Kingdom House of Lords Decisions |
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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> James Craigdallie and Others v. The Rev. J. Aikman and Others [1813] UKHL 5_Paton_719 (16 June 1813) URL: http://www.bailii.org/uk/cases/UKHL/1813/5_Paton_719.html Cite as: [1813] UKHL 5_Paton_719 |
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Page: 719↓
(1813) 5 Paton 719
CASES DECIDED IN THE HOUSE OF LORDS, UPON APPEAL FROM THE COURTS OF SCOTLAND, FROM 1753 TO 1813.
No. 79
(Dow, vol. i. p. 1.)
House of Lords,
Subject_Property of Church —
Separation in Religious Body.
This question, as to the right to possession of the meeting house and session house belonging to the Society of Burgher Seceders of Perth, was raised on the occasion of a split in that body, in regard to the formula of their church as respected the power of the civil magistrate. The appellants were the body who separated themselves, but, contending that they adhered to the original doctrines and formula of the Seceders' body, which were identical with those of the established church, and were therefore entitled to possession, while the respondents were parties who had altered, or were inclined to modify the formula on this head. The Court of Session were of opinion that nothing had been done to alter the formula by the respondents, and confirmed them in possession of the meeting house, &c. On appeal to the House of Lords, the case was remitted for reconsideration. Vide infra, (second appeal.)
Counsel: For Appellants,
Ar. Colquhoun,
Wm. Adam.
For Respondents,
Sir Samuel Romilly,
James Stephen,
Alex. Maconochie.
