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Scottish Court of Session Decisions >>
Mr. Patrick Weyms v Mr. James Cunninghame. [1662] Mor 15885 (24 July 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor3615885-017.html Cite as:
[1662] Mor 15885
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Mr. Patrick Weyms having an order of Parliament for a term’s vacant stipend of the parish of Laswade, Mr. James Cunninghame alleged that term’s stipend was not vacant, but belonged to him as incumbent, viz. Whitsunday 1659, because he was admitted before Michaelmas 1659, and shortly after Whitsunday; and so the legal terms of stipends not being divisible at two terms, but at Michaelmas jointly; he being incumbent before Michaelmas, hath the whole year.
The Lords repelled this allegeance, but preferred Weyms, and found that Ministers had right to their stipend termly, and if he entered before Whitsunday, he had right to the whole year, and if after Whitsunday, and before Michaelmas, but to the half.
