Scottish Court of Session Decisions

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. III.

Erection of Kirk lands into Temporal lands.

Earl of Home
v.
Lord Buccleugh

1612. December.
Case No. No 42.

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In an action betwixt the Earl of Home and the Lord Buccleugh, it was found, that the entailing of the kirk of Colliston, in the rental, was sufficient to make the kirk of the patrimony of Jedburgh; and thereafter it being alleged, That the Abbot of Jedburgh had granted presentation of the vicarage, the Lords found it no ways relevant, except it were alleged that, conform to the presentation, the parson presented was admitted, or in possession in a matter moved betwixt the Earl of Home and the Lo. Buccleugh, concerning certain lands in Liddisdale, acclaimed to pertain to the abbey of Jedburgh. The Lords found, that, after 30 years possession in ecclesiastics, should be a sufficient title, in place of the old custom which required ten years, before the reformation.

Kerse, MS. fol. 40.