Scottish Court of Session Decisions

Subject_1 TEINDS.
Subject_2 SECT. IV.

Valuation.

Sir Robert Gordon
v.
Dunbar of Newtoun

Date: 22 February 1744
Case No. No. 141.

The rule for valuation where the teinds drawn ipsa corpora are mixed with the teinds of other lands.

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Where teinds of certain lands have been drawn ipsa corpora by the titular, and mixed so with the tends of other lands as not to admit a proof of the real quantity or annual value, the rule for ascertaining the value of these teinds, in a process of valuation at the instance of the heritors of the land, is, that the teinds be valued at the same rate as where a joint-duty is paid for stock and teind; that is, that they be valued at the fourth part of the rent paid to the pursuer for the stock; which comes to the same with the fifth part of the rent where that rent is paid both for stock and teind.

Rem. Dec. v. 2. No. 53. p. 82.