Legal Subject: Parish

Case Date Legal Subject Abstract
Campbell v. Scott 1798 Teinds, Stipend, Augmentation, Heritor, Parish, Glebe Minister Thomas Campbell, as pursuer, sought augmentation from the teinds of the annexed parish of Longnewton, contending that historical precedent and the sole burden of serving both parishes supported his claim. Sir John Scott of Ancrum and the other heritors defended against the action, maintaining that Campbell’s existing stipend was ample and that the circumstances of the parish did not warrant an increase.
Gleig v. Stephen 1794 Stipend, Teinds, Heritor, Augmentation, Parish, Act of Parliament Gleig pursued Stephen to determine whether lands situated in the parish of St. Vigians were liable for stipend to the minister of that parish or subject to augmentation for the minister of Arbroath. The memorialists argued that the lands were liable to the St. Vigians minister and could not be subjected to augmentation for Arbroath, while the memorialist responded that lands locally situated in St. Vigeans but paying stipend to Arbroath belonged to that parish quoad stipend.
Maxwell v. Earl of Hopetoun 1798 Teinds, Stipend, Heritor, Patronage, Parish, Augmentation James Earl of Hopetoun petitioned the Court to alter Lord Ankerville's interlocutor, arguing that teinds from lands belonging to Sir William Maxwell of Springkell, Baronet, should be allocated for a ministerial stipend despite free teinds remaining in the parish. Maxwell answered the petition, resisting the Earl's claim that his teinds should be appropriated while unallocated teinds were still available elsewhere in the parish.
Minister of Lochgoilhead v. The Ministers of Inveraray 1791 Teinds, Stipend, Parish, Heritor, Augmentation, Aliment The minister of Lochgoilhead sued the ministers of Inveraray regarding the allocation of 38½ bolls of meal annually from the teinds of Glenshira lands, which the Lochgoilhead minister claimed were reserved for his stipend by a 1650 decree notwithstanding the lands’ annexation to Inveraray. Heritors including the Duke of Argyll and Lieutenant-General John Campbell petitioned the Court to revise the December 1790 interlocutor that had allocated the stipend to Lochgoilhead, seeking to avoid double payment and retroactive augmentation from 1787, while the Inveraray ministers likewise petitioned to alter the interlocutor in their favor. The Lochgoilhead minister replied that the annexation was only quoad sacra and did not discharge the lands from liability for his stipend, and the parties disputed whether any augmentation should run from the date of summons or the interlocutor.
Ogilvie v. Scott 1792 Teinds, Patronage, Charter, Heritor, Debt, Parish
Sir James Boswell v. Alexander Hamilton 1830 Succession, Burgh, Aliment, Teinds, Feu, Parish
The Heritors and Kirk-Session of the Parish of Dalmellington v. The Magistrates, Minister and Kirk-Session of Irvine 1800 Aliment, Heritor, Interlocutor, Domicile, Parish, Succession This case determined which of three parishes—Irvine, Dalrymple, or Dalmellington—was required to provide for the maintenance of James Wallace, an insane pauper. The statutory obligation to aliment certain persons was assigned to parishes based on residency. However, Wallace was an itinerant worker, complicating the analysis. Before losing the ability to support himself, Wallace had been a dance master who spent winters in the town of Irvine but traveled in the summer to teach. He spent his early years in Dalrymple and later went to Dalmellington, where he was employed for a time. More than a dozen witnesses from the three parishes testified about Wallace’s whereabouts over the course of his life, giving sometimes contradictory evidence. The court found that the parish of Irvine was liable, comparing Wallace to tradesmen who travel to seek work in the summer.

Documents discussing this subject (58)