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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Earl of Haddington v The Earl of Home. [1763] 5 Brn 484 (00 January 1763) URL: http://www.bailii.org/scot/cases/ScotCS/1763/Brn050484-0501.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 INHIBITION OF TEINDS.
The Earl of Haddington
v.
The Earl of Home
1763 .Click here to view a pdf copy of this documet : PDF Copy
The Earl of Haddington, as titular of the teinds of the parish of Coldsfield, in July 1753 executed an inhibition against the Heritors of the parish in common form.—The Earl of Home, as proprietor of Old Hirsle, was one of them. He possessed in virtue of a tack unknown to Lord Haddington ; so it was alleged that no inhibition could affect a tack of which the inhibitor was ignorant. Nothing was done till 1763, when Lord Haddington brought an action for the teinds, not by way of spuilyie, referring to the inhibition, but by way of petitory action simpliciter. The Lords, on a complex view of the case, found that the inhibition was not sufficient to subject the Earl of Home to the full teinds. Lord Home had a quasi title to the teinds in the rights of his estate.
The electronic version of the text was provided by the Scottish Council of Law Reporting
