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Scottish Court of Session Decisions >>
Hugh Wallace and The Bishop of Dumblain v The Parish of Creiff. [1684] 3 Brn 529 (20 December 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030529-0803.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 20 December 1684
Hugh Wallace and The Bishop of Dumblain v. The Parish of Creiff
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Hugh Wallace, cash-keeper, and the Bishop of Dumblain, competing with the ministers and parishioners of Crieff, about the rents of a prebendary which once belonged to the bishopric of Dumblain, and was suppressed and annexed, to make a part of the minister of Crieff's stipend:—the Bishop alleged that it was never legally suppressed, and the demission of the prebendary was but done in 1643, when Episcopacy was abolished. The Minister of Creiff said, he had the benefit of a possessory judgment, and could not be quarrelled hoc loco.
The Lords found he was not decennalis et triennalis possessor, because the Bishop had interrupted within the 13 years; and therefore preferred the Bishop.
