Scottish Court of Session Decisions

Subject_1 TEINDS.
Subject_2 SECT. I.

Nature and Effect of this Right.

Mary, &c Stewarts,
v.
Sir John Scott and Others

Date: 15 Fibruary 1797
Case No. No. 88.

A clause in a charter from the Crown conveying lands to a person, “cum advocatione, donatione, et jure patronatus ecclesiæ et parochiæ, decimis rectoriis et vicariis ejusdem,” makes him titular of the teinds.

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Sir John Scott having prevailed in an action for having it declared, that he had right to the teinds of the parish of Ancrum, (See the case above.) Miss Stewarts, heritors in that parish, brought a sale of their teinds, in which Sir John demanded nine years purchase as titular, and produced a Crown charter conveying certain lands to him, “cum advocatione, donatione, et jure patronatus ecclesiæ et parochiæ de Ancrum, decimis rectoriis et vicariis ejusdem.”

The pursuers, on the other hand, maintained, that this clause made him only patron of the parish, and as such entitled only to six years purchase of the teinds.

The circumstances of the case, and arguments of the parties, are stated at length in the report of the decision in the declaratory action.

Upon advising memorials, it was observed, that the decision, 4th December, 1748, Marquis of Annandale against Irving, No. 64. p. 15661. has not been since followed.

The Lords unanimously “found Sir John Scott has right to the teinds of the pursuer’s lands libelled, as titular, and as such is entitled to nine years purchase.”

Act. Geo. Ferguson. Alt. Tait. Fac. Coll. No. 18. p. 41.