Scottish Court of Session Decisions

Subject_1 GLEBE.
Subject_2 SECT. IV.

Form of Designation.

Mr William Mushet Minister of Hassenden,
v.
The Duke and Dutchess of Buccleugh

Date: 28 January 1668
Case No. No 10.

The designation of a glebe found to have been sufficiently intimated, by warning of the heritors from the pulpit or at the kirk-door.

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The minister of Hassenden having obtained designation of a glebe out of the Duke of Buccleugh's lands, pursues removing; the Duke suspends on this reason, that the designation is null, not bearing citation or intimation to the parishioners, neither is the Duke cited to the designation upon 60 days, as being out of the country. It was answered, That by the constant custom in such cases, there is only intimation given at the kirk-door, or out of the pulpit, of the day of designation, which the defender , offers to prove uses to be done in the like case.

Which the Lords found relevant, albeit the intimation was not mentioned in the designation.

Fol. Dic. v. 1. p. 351. Stair, v. 1. p. 515.