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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Halieburton v John Paterson. [1636] 1 Brn 362 (13 July 1636) URL: http://www.bailii.org/scot/cases/ScotCS/1636/Brn010362-0969.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: John Halieburton
v.
John Paterson
13 July 1636 Click here to view a pdf copy of this documet : PDF Copy
Halieburton, minister of Kinneill, having gotten designed to him a croft of land pertaining to Mr John Paterson, and holden by him of a chaplainry; and being charged to remove therefrom, suspends, alleging, That his croft could not be designed for a part of the minister's glebe; because, by Act of Parliament Ja. VI,
Par. 13, cap. 165, first, the vicars', parsons', abbots', friars', priors' lands, and last, all other kirk lands, are appointed to be designed; and he offered him to prove, that there is both priors' and bishops' lands within the parish, which ought first to be designed. To the which it was answered, That the alleged bishops' and priors' lands ly two miles distant from the kirk, and so could not be commodious for the minister. The Lords would not transgress the order set down by the Act of Parliament; but found the reason of suspension relevant. 2d MS. Page 90.
The electronic version of the text was provided by the Scottish Council of Law Reporting
