A lease was granted by the Crown to certain proprietors, for themselves and in trust for the whole other vassals of the Lordship of Dunfermline, of the teinds and feuduties of their lands, in consideration of a cumulo tack-duty of pounds 100. This lease expired on 23d March 1780; but it was admittedly continued by tacit relocation till 1838. In May and June of that year the Crown raised and executed an inhibition of teinds, and also obtained decree in an action of removing, putting an end to the lease as at 23d March 1839, so far as it related to subjects other than teinds. Thereafter the beneficiaries under the lease paid the feuduties due from their lands to the Crown; but no teind duties were paid or claimed till 1868.
In an action at the instance of the Crown, as titular, against one of the vassals of the Lordship of Dunfermline for payment of arrears of surplus teinds since the date of the inhibition- held (affirming judgment) that the defender had a title sufficient to sustain the plea of bona fide perception.
Judges:
Lord Chancellor Cairns, Lord Chelmsford, and Lord Selborne
Citations:
[1874] UKHL 492, 11 SLR 492
Links:
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 20 November 2022; Ref: scu.650216