Date of Decision: Nov 1803
Abstract: 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.
Subjects: Estate, Sale, Teind, Valuation

Published Report

Not Reported

People or Organizations Associated with Case

William MWhinnie
Named in case documents:
George Colebrooke, Esq. Titular of the teinds
James Hamilton, Esquire
James Hamilton , Grandfather of Daniel Hamilton. Originally bought the land and teinds from the Earl of Selkirk.
Dunbar Hamilton Douglas, 4th Earl of Selkirk, Original owner of Gilkerscleugh and other lands lying in the parish of Crawfordjohn, who sold the land and teinds to James Hamilton, grandfather of Daniel Hamilton.
Advocate for Pursuer:
Adam Gillies, of Kintrochat, Lord Gillies
William Robertson, Lord Robertson
Advocate for Defender:
John Connell