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Scottish Court of Session Decisions >>
Mr. Alexander Vernor v George Allan. [1662] Mor 14788 (24 June 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor3414788-008.html Cite as:
[1662] Mor 14788
A merchant having bought a crop, before the teind was drawn, was found liable for the stipend, though he had paid to the seller the full price.
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Mr. Alexander Vernor, as executor to Mr. David Calderwood, charges George Allan to pay a part of the defunct's stipend, as he who intromitted with the teinds of the lands liable therefor, whereupon he had obtained decreet. The suspender alleged, That the decreet was in absence; and any intromission he had was only as a merchant, having bought from Sir Alexander Auchmutty, the heritor, to whom he made payment bona fide, before any arrestment or pursuit against him. The charger answered, Non relevat, because the suspender is obliged to know that, by law, the teinds are liable for the minister's stipend; 2dly, He offers him to prove, that the suspender did not make his bargain for so many bolls of victual; but that he took disposition of the corns ipsa corpora, before they were drawn.
The Lords found the answer relevant to elide the reason, and found the defender liable for the tenth part of the corns he bought.
