Tithes.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Teind |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| 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 | 1802 | 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. |
| Countess of Sutherland v. Officers of State | 1793 | Teinds, Lease, Teind, Prescription, Tack, Aliment | The Countess of Sutherland pursued the Officers of State to determine whether rents derived from salmon fishings were liable to vicarage teinds. The defenders argued that such rents were not teindable and that deductions ought to be denied, while the respondent maintained that salmon fishings were not subject to vicarage teinds in the absence of proof by forty years' possession and payment. The litigation turned on the criteria for establishing the teindability of salmon-fishing revenues. |
| Earl of Aberdeen v. Officers of State | 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. |
| Graham v. Pate | 1798 | Teinds, Heritor, Prescription, Teind, Tack, Stipend | Catharine Pate, John Dickson, and Robert Dickson petitioned against Lord Swinton's interlocutor, arguing that bygone teinds were cut off by quinquennial prescription. Lady Christian Graham, Executrix, answered through her Commissioner and Factor, responding to this prescription argument. |
| John Leslie v. The Earl of Kintore, and Others | 1794 | Tack, Teinds, Lease, Valuation, Teind, Rent | John Leslie of Balquhain petitioned the Court to alter an interlocutor sustaining objections to his proof of teind based on rental value, while the Earl of Kintore and others argued that teind value must be calculated from current tenant rents rather than an overlease granted in 1769. Leslie replied to the defenders' answers, denying their allegations regarding the lease, grassums, and profits. The defenders maintained that the 1769 lease had been granted at below-market value to compensate a creditor and therefore ought not to govern the teind valuation. |
| John Scott and Others v. The College of Glasgow | 1792 | Teinds, Valuation, Heritor, Teind, Tack, Thirlage | John Scott of Heatherieknow and others pursued the Principal and Professors of the College of Glasgow regarding the payment of valued teinds in victual. The College petitioned the Court to alter its recent interlocutor on 28 May 1792, submitting a reclaiming petition, and Scott and others answered on 11 October 1792, responding to the demand for payment. |
| Mitchell v. Society of Writers in Ayr | 1798 | Teind, Teinds, Stipend, Augmentation, Aliment, Interlocutor | The Society of Writers in Ayr petitioned the Court to alter an interlocutor imposing a share of the minister's augmented stipend upon their fishings, arguing that only vicarage-teind was due from such property and claiming abatement on account of a reduced boat count. Mitchell resisted, maintaining that customary payment and proportional liability attached to the fishings. The case concerned the proper extent of teind burden chargeable against the fishings and the validity of the proposed reduction. |
| Officers of State v. Thomas | 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. |
| Sutherland & Gower v. Officers of State | 1797 | Teinds, Tack, Teind, Prescription, Lease, Possession |
