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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> College of Glasgow v Sir J. Maxwell. [1744] 1 Elchies 471 (5 December 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010471-020.html

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[1744] 1 Elchies 471      

Subject_1 TEINDS.

College of Glasgow
v.
Sir J Maxwell.

1744, Dec. 5.
Case No. No. 20.

Click here to view a pdf copy of this documet : PDF Copy

The first question was concerning large grassums regularly and immemorially paid, viz. L.2400 for a 19 years tack of a farm of L.560, and 400 merks for L.160 rent, and the Lords ordered a 19th part to be added to the rent; though in small grassums they would have been of a different opinion. Next as to costly improvements, by building new farm-houses, dikes, ditches, and planting hedges, which cost L.2500, and raised the rent from L.48, with 27 acres of muir, to about 400 merks for several years, and they are now worth only 200 merks; and the titular insisted that he was already repaid those expenses by the increased rent; which the Lords repelled, and found that none of the increased rent arising from those expenses should be computed in valuing the teinds, and therefore valued the old little farm at L.48, and the muir at 1s. per acre. The third question was anent dry multure, payable to the Bishop their superior by their charters; and the Lords found that the dry multures ought to be deducted from the rent, 5th December. 6th February 1745, Adhere to the last as to lands not then thirled to any mill, but none of the lands thirled to Sir John's mill of Pollockshaw.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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