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Scottish Court of Session Decisions >>
Scot of Thirlston v Scot of Braidmeadow. [1665] Mor 15722 (11 February 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor3615722-113.html Cite as:
[1665] Mor 15722
Vicarage teind is secundum consuetudinem loci, which was found in the case of lambs.
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Scot of Thirlston having right to the teind of Midshef, and pursues the possessor for 24 years bygone, and in time coming; who alleged, Absolvitor, because these-teinds are allocated to the church, conform to a decree of locality produced, bearing, “such a stipend and locality, so much of it, and for the rest, that the Minister had the teinds of Midshef.” It was alleged, That this could not instruct that those whole teinds were allocated; but so much as made up that test; and the teind is worth twice as much, and therefore the Minister had but the twentieth lamb for the teind, which is but half teind, and was liable to the pursuer for the rest. It was answered, That teinds are secundum consuetudinem loci, and if teinds had never been paid, none would be due; and if the twenty lambs were all ever paid, they could be liable for no more.
The Lords found, That, before the intenting of the cause, they would not allow any more than what was accustomed to be paid, unless the pursuer offer him to prove, that there was a tack, or use of payment of more, which they would allow accordingly.
