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Scottish Court of Session Decisions >>
Mr William Barclay v The College of St Andrews. [1685] Mor 7957 (#date March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor1907957-032.html Cite as:
[1685] Mor 7957
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In an action at the instance of a minister against the College of St Andrews, for payment of L. 40 of augmentation to the pursuer, as decennalis et triennalis possessor thereof by a presumed right;
Alleged for the defender; The foresaid rule of chancery presumes only a minister's title to be good where it is not produced; but where it is produced, as here, it may be convelled by nullities, and præsumptio cedit. And the pursuer's title to the L. 40 is null; for that though it flows from the college, it is not subscribed by a quorum of the masters appointed by the foundation.
The Lords sustained the allegeance for the college, and assoilzied.
