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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Calendar v Andrew Monro. [1662] Mor 15632 (20 February 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor3615632-021.html

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[1662] Mor 15632      

Subject_1 TEINDS.
Subject_2 SECT. I.

Nature and Effect of this Right.

Earl of Calendar
v.
Andrew Monro

Date: 20 February 1662
Case No. No. 21.

Teinds found not to be debitum fundi affecting singular successors.


Click here to view a pdf copy of this documet : PDF Copy

The Earl of Callander pursues Andrew Monro of Beercrofts for the valued teind duty of his lands, several years; who alleged, Absolvitor for the teinds intromitted with by his author preceding his right. The pursuer replied, That teinds being valued, are like an annual-rent, and are debita fundi, by the act of Parliament 1633, anent valuations; the teind-masters being appointed to be infeft in the right of the teind, according to the valuation.

The Lords found the defence relevant, and found not the teind to be debitum fundi, albeit valued.

Stair, v. 1. p. 103.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor3615632-021.html