Davidson v. Stuart [1918] ScotLR 27 (05 November 1918)

Davidson v. Stuart [1918] ScotLR 27 (05 November 1918)

A heritor may competently surrender his valued teind without reducing the final decree of locality where there is no free teind in the parish. The surrender is valid if effected by a deed specifying the amount of valued teind surrendered. The stipend for the relevant year, though vested in the minister, is limited to the value of the teinds and is affected by the surrender if made before the stipend amount is fixed.

Citation
[1918] ScotLR 27
Parties
Pursuer: John Davidson; Defender: Reverend John Stuart
Jurisdiction
Scotland
Judgment Date
05 November 1918
Procedural Posture
Civil / Judgment After Trial and Appeal
Outcome
Decree granted in favour of the pursuer (Davidson) in terms of the second or alternative conclusion of the summons, with interdict corresponding thereto, as varied to refer to the date of the formal deed of surrender (12 March 1917).
Legal Topics
Teinds, Stipend, Surrender of Teinds, Decree of Locality, Valuation of Teinds, Rectification of Locality
Ecclesiastical Law Property Law Teinds Stipend Surrender of Teinds Decree of Locality Valuation of Teinds Rectification of Locality

Case Brief

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Parties

John Davidson

Pursuer

Reverend John Stuart

Defender

Procedural Posture

Civil / Judgment After Trial and Appeal

Legal Issues

  1. 1 Whether a heritor can surrender valued teinds without reducing the final decree of locality when there is no free teind in the parish.
  2. 2 Whether the surrender of teinds was validly effected by the deed of surrender.
  3. 3 Whether the stipend for crop and year 1916 vested in the minister is affected by the surrender.

Ratio Decidendi

A heritor may competently surrender his valued teind without reducing the final decree of locality where there is no free teind in the parish. The surrender is valid if effected by a deed specifying the amount of valued teind surrendered. The stipend for the relevant year, though vested in the minister, is limited to the value of the teinds and is affected by the surrender if made before the stipend amount is fixed.

Court Disposition

Decree granted in favour of the pursuer (Davidson) in terms of the second or alternative conclusion of the summons, with interdict corresponding thereto, as varied to refer to the date of the formal deed of surrender (12 March 1917).

Orders

  • Declarator that the pursuer has validly surrendered the teinds at £96 per annum as at 12 March 1917.
  • Interdict prohibiting the defender from charging the pursuer for stipend in excess of £96 per annum.