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Scottish Court of Session Decisions >>
Walter Stuart v Robert Acheson. [1668] Mor 13065 (17 January 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor3113065-008.html Cite as:
[1668] Mor 13065
Taxation found to affect those contained in the stent-roll, seeing they did not convene, and were stented; although, if they had convened, they could have freed themselves.
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Walter Stuart, as being infeft in the barony of North Berwick, and being charged for the whole taxation thereof, charges Robert Acheson for his proportion, according to the stent roll; who suspends on this reason, That his interest is only teinds, which is only applied to the kirk, whereof he produces the Bishop's testificate; and, therefore, by the exception of the act of convention, he is free. The charger answered, Non relevat, because the suspender ought to have convened at the diet appointed, by the act of convention, for making of the stent roll, and there have instructed that his teinds were exhausted; wherein having failed, and being taxed, no other could pay for him, neither could the King lose that proportion. It was answered, That he had no interest to convene, the Minister having the only right to his teinds.
The Lords repelled the reason, and adhered to the stent roll, but prejudice to the suspender to seek his relief of any party he pleaseth, as accords.
