Scottish Court of Session Decisions

Subject_1 TACK.
Subject_2 SECT. XVI.

Inhibition of Teinds.

Ker
v.
The Marquis of Douglas

Date: 18 February 1670
Case No. No. 238.

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In a spuilzie of teinds pursued at Ker's instance against the Marquis of Douglas, upon an inhibition served at the kirk-door of the parish where the lands lay, it was alleged, That the defender being in possession of the teinds per tacitam relocationem after expiring of his tack, the inhibition should have been executed against him personally, or at his dwelling-place, he not dwelling within the parish at the time of the execution at the kirk-door. The Lords did repel the allegeance, and sustained the pursuit.

Fol. Dic. v. 2. p. 429. Gosford MS. p. 106.