| Borthwick |
1802
|
Rent, Teind, Property rights |
The petitioner, John Borthwick of Crookston, challenged a locality that apportioned liability for the minister's stipend in the parish of Stow. |
| Colebrooke v. Hamilton |
Nov 1803
|
Teind, Estate, Sale, Valuation |
In 1749, the Earl of Selkirk, then titular and patron of the parish of Crawfordjohn, sold his lands and teinds of Gilkerscleugh to James Hamilton. At the time, the two wrote up informal documents outlining the current teinds' value. Daniel Hamilton inherited these lands from his grandfather, but was concerned that the teinds had never been formally set at the value stated at the time of the initial sale. He brought the matter to court, asking that the teinds be officially valued at the amount stated in the old documents, which the court granted. George Colebrooke, the current titular of the teinds, opposed this result, and subsequently petitioned that the decision be overruled on the grounds that the original agreement between the Earl and James Hamilton had only constituted a sale of the lands and teinds, and was not meant to permanently establish the value of the teinds. He petitions that the past value of the teinds should not stand for all future teind duties because the agreement had "fallen asleep," or the statute of limitations had passed, and also because the original agreement was a contract of sale, and not a formal valuation. |
| Earl of Aberdeen v. Officers of State |
21 Jun 1799
|
Teind |
The Earl of Aberdeen claimed a deduction on a quarter of the rent from several estates in order to reduce his teinds payment. The Officers of State objected to his activities on three grounds, 1) his deduction for use of peat on his land was unjustifiable, 2) by allowing cottagers to live on his land but pay rent to a third party meant that he did not get income directly, and 3) through patronage he claimed deductions on rent from lands outside the areas subject to those tithes. |
| Officers of State v. Thomas |
12 Nov 1802
|
Teind, Rent, Improvement, Property |
The Officers of State represent a renter who lived on the property of the Earl of Selkirk. The renter claimed that he had made improvements on the land, and was thus entitled to a deduction in his rental teinds because of the expenses he incurred in making these improvements. The Earl of Selkirk argued that only permanent improvements should be entitled to deductions, and that improvements such as laying manure for crops and adding lime to the soil were temporary and were paid off in the profits yielded by a higher crop. Marginalia on the front page of the first document notes that the court found that the pursuer was not entitled to any deduction in the rental teinds. |
