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Scottish Court of Session Decisions >>
Crichtoune v Ruthven. [1584] Mor 15625 (00 March 1584)
URL: http://www.bailii.org/scot/cases/ScotCS/1584/Mor3615625-002.html Cite as:
[1584] Mor 15625
Teinding the corns by easting the stacks was found a spuilzie, and that it ought only to be on the ground.
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Robert Crichtoun of Innerneythie, and certain his tenants, pursued James Ruthven, brother-german to the Earl of Gowrie, for the spoliation of certain corns furth of their barns, barn-yard, arable lands, and field lands. It was answered, That they did not wrong in the coming to the barn-yards and taking away of the corns, because the defender being lawfully provided to the benefice of the sub-chancellory of Dunkell, and by virtue thereof had undoubted right to the said teind-sheaves, as proper parts of the patrimony of the said benefice, and had long time of before use and possession with the intromiting of the said teind-sheaves. It was answered, That he ought, according to the ordinary method, to have teinded the sheaves into the fields, and not to have come to the barn-yards to have cast the sheaves, the quhilk was not habilis modus of teinding. It was answered, That the defender cast the sheaves in presence of the pursuer, and he therethrough did intromit with the hail use of the corns in the stacks except the teinds, quhilk was separated frae the stack by the defender. The Lords found, that the casting of stacks was no lawful manner of teinding, and so repelled the exception.
