Galloway v. Earl of Minto [1920] ScotLR 297 (06 March 1920)

Galloway v. Earl of Minto [1920] ScotLR 297 (06 March 1920)

A heritor whose teinds have been valued in money but with a stipend localled in victual is bound, where the sum claimed as stipend exceeds the amount of the valued teinds, either to pay the amount or to surrender the teinds in perpetuity; he cannot satisfy the minister's claim by tendering for the particular year the amount of the teinds as valued. For unvalued teinds, the heritor must either pay the amount localled or lead a valuation and surrender; he cannot satisfy the minister's claim by tendering one-fifth of the rent as the full value of the teinds.

Citation
[1920] ScotLR 297
Parties
Pursuer: Reverend Alexander Galloway; Defender: Earl of Minto
Jurisdiction
Scotland
Judgment Date
06 March 1920
Procedural Posture
Civil / Judgment at First Instance
Outcome
Decree granted in favour of the pursuer as concluded for.
Legal Topics
Teinds, Stipend, Valuation of Teinds, Decree of Locality, Surrender of Teinds, Act of 1633 Cap. 15
Ecclesiastical Law Property Law Scots Law Teinds Stipend Valuation of Teinds Decree of Locality Surrender of Teinds +1 more

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Parties

Reverend Alexander Galloway

Pursuer

Earl of Minto

Defender

Procedural Posture

Civil / Judgment at First Instance

Legal Issues

  1. 1 Whether a heritor whose teinds have been valued in money but with a stipend localled in victual can satisfy the minister's claim by tendering the money value of the teinds for a particular year without surrendering the teinds in perpetuity.
  2. 2 Whether, for unvalued teinds, a heritor can satisfy the minister's claim by tendering one-fifth of the rent for the year in satisfaction of the victual stipend, irrespective of the amount localled.

Ratio Decidendi

A heritor whose teinds have been valued in money but with a stipend localled in victual is bound, where the sum claimed as stipend exceeds the amount of the valued teinds, either to pay the amount or to surrender the teinds in perpetuity; he cannot satisfy the minister's claim by tendering for the particular year the amount of the teinds as valued. For unvalued teinds, the heritor must either pay the amount localled or lead a valuation and surrender; he cannot satisfy the minister's claim by tendering one-fifth of the rent as the full value of the teinds.

Court Disposition

Decree granted in favour of the pursuer as concluded for.

Orders

  • Declared that the defender is not entitled to tender, and the pursuer is not bound to accept, in full satisfaction of the sums localled, the amounts representing the valued teinds or one-fifth of the rent; defender must pay the sums localled or surrender the teinds.