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Scottish Court of Session Decisions >>
Finlason v The Laird of Keir. [1542] Mor 12418 (9 July 1542)
URL: http://www.bailii.org/scot/cases/ScotCS/1542/Mor2912418-242.html Cite as:
[1542] Mor 12418
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In actioun of removing, gif ony temporal man's tenent alledge he sould not be removit, because it is the consuetude within the landis and baronie quhair he dwellis, that, the takisman beand deceist, his bairnis sould not be removit, thay payand to the Lord of the ground ilk five zeiris thair gressum, the samin consuetude, and all uther consuetudis of the tenentis richt in bruiking and joising of landis, may not be provin be witnessis, bot be writ in temporal men's causis; bot in kirk landis, and spiritual men's actiounis, ony sic consuetude may be provin be witnessis.
Fol. Dic. v. 2. p. 232. Balfour, (Of Probatioun by Writ.) No 20. p. 366.*** Sinclair reports this case:
Quidam ut reor Thomas Keir in Salton would have proved, That by the consuetude of the barony of Salton, the Lord might not put out the bairns of them that are the tacksmen during the years of the said tacks; and that of the said consuetude, the tenants and their bairns may not be removed, they paying ilk year their grassum. The Lords by interlocutor decerned the consuetude to be proved by writ, and not by witnesses in temporal mens causes; albeit, in kirklands are consuetudes proved de practica per testes, as was lately done in causa cujusdam mulieris contra abbatum de Kilwinning. In this same cause, John Finlayson was actor against Thomas Keir.
