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Scottish Court of Session Decisions >>
Mr. Robert Dalrymple v Sir Robert Gordon. [1765] Mor 15915 (13 February 1765)
URL: http://www.bailii.org/scot/cases/ScotCS/1765/Mor3615915-056.html Cite as:
[1765] Mor 15915
Deposition of a Minister by a Synod, affirmed by the Assembly, found to take effect only from the date of the sentence of the Assembly.
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A Minister having been deposed by a Synod, 28th April 1763, the sentence was affirmed by the General Assembly, 1st June, who declared the parish vacant from the date of their own sentence.
Sir Robert Gordon the patron, refused to pay his share of the Whitsunday stipend 1763, upon the ground that the deposition took place from the date of the sentence of the Synod, which was prior to Whitsunday; and quoted Lord Bankton, II. 8, 220, and 227. to show that the sentence of the Assembly must draw back to that period.
The Lords decerned for the stipend in question, and found Sir Robert liable in expenses."
Act. Dav. Dalrymple.Alt. Lockhart.
Fac. Coll. No. 1. p. 193.
