Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Earl of Annandale
v.
David Rodger, Minister of St Mungo's

Date: 15 February 1630

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The Earl of Annandale pursues removing against Mr David Rodger, minister and parson at St Mungo's kirk, in Annandale, from six acres of land, which are alleged to be dyked in by the said minister, of the said Earl's lands of——, lying next adjacent to the said minister's designed glebe of four acres of land. It was excepted by the minister, That he could not be decerned to remove from the said lands, because he is lawfully provided to the parsonage of the said kirk, and, by virtue of his provision, had been in peaceable possession of the said lands controverted, by the space of seven years. To the which it was replied, That this exception was not relevant upon the possession of seven years, except he would allege that the said lands had been bruiked by the parsons of the said kirk before the Reformation. The Lords repelled the exception founded upon seven years' possession. And then it was duplied by the defender, That he offers him to prove that he had bruiked the said lands by the space of twenty years, and that the said lands were holden and repute kirk-lands pertaining to the parson of the said kirk. Which duply was found relevant.

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