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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Home v Home. [1612] Mor 7940 (9 January 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1907940-015.html
Cite as: [1612] Mor 7940

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[1612] Mor 7940      

Subject_1 KIRK PATRIMONY.
Subject_2 SECT. I.

Nature of this species of Property.

Home
v.
Home

Date: 9 January 1612
Case No. No 15.

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In the action of spuilzie of teind-sheaves, pursued by Sir John Home of Huttonhall against Robert Home, it was found that a tack of teinds set by Mr Thomas Ogilvie parson of Dunglas, to Sir John Home, his entry thereto to be at the day of the said Thomas his decease, was null, as conferred in tempus indebitum; and when Huttonhall replied, that the successor to the benefice had ratified his tack, and set him a new tack, it was answered, That all that was done after the inhibition, and so he not having a valid title the time of the inhibition, he could have no action of spuilzie for that year.

Fol. Dic. v. 1. p. 528. Haddington, MS. No 2347.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1907940-015.html