John Shaw Stewart, Esq v The Magistrates and Council of Greenock: HL 2 Mar 1779

Held in the Court of Session, that by law, the ground to be chosen for erecting a new churchyard, is a burden upon the heritors of the parish; and the ground contiguous or adjoining to the old churchyard is to be set off, reserving to the heritor relief for the value against the other heritors, unless otherwise agreed on. Where action had proceeded and had been discussed on the merits, without objection to certain parties being called, appeal was taken to the House of Lords, where the objection was taken for the first time. Interlocutors in consequence reversed, without prejudice to call additional parties, or bring a new action. Question: whether a superior is bound to grant a feucharter to a kirk session, of ground for churchyard.

[1779] UKHL 2 – Paton – 486
Bailii
Scotland

Land

Updated: 13 January 2022; Ref: scu.562034