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Scottish Court of Session Decisions >>
Colonel Whitefoord v The Bishop of Galloway's Vassals. [1684] 3 Brn 496 (6 February 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn030496-0748.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Colonel Whitefoord v. The Bishop of Galloway's Vassals
Date: 6 February 1684
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Colonel Whitefoord pursuing several vassals of the Bishopric of Galloway, (whereof his father was bishop in 1630,) for payment of teincUduties, out of the lands now possessed by them;—Alleged,—Teinds are not debita fundi; and unless he offer to prove that they represent, by some passive title, the persons who possessed these lands, during the years he claims, he cannot convene them. Answered,—It is presumed their father possessed the teinds, unless they prove that another did draw these teinds, or had a right thereto.
The Lords, on Pitmedden's report, found the Colonel behoved to condescend and prove that the persons whom they represent did specifically possess these lands and uplift the teinds, the years libelled.
