TEIND CAUSE (Court of Session)

With regard to the lands of Allerstocks, the pursuers undertook to prove that, for more than a century prior to 1804, the teinds had been regularly paid to them; but as the amount was much less than their real value, inhibition had also been used against the proprietor of these lands, and in consequence no payment has since been made to the pursuers.

As to Allerstocks, the Earl stated that they had originally been feued out with a right to the teinds, and had been transmitted with that right to and possessed by him for more than the prescriptive period, and no payment had ever been made to the College for the teind thereof.

The pursuers pleaded —1. The teinds of the lands of Threepland and Allerstocks belong to the parish and church of Kilbride; and as titulars of the parish, the College of Glasgow are entitled thereto, and to pursue a valuation thereof. 2. The teinds of Threepland and Allerstocks having been possessed for much more than a century by the College of Glasgow, in virtue of their title to the teinds of Kilbride, their right is completed by prescription, and cannot now be challenged.

The defenders pleaded —1. The action is incompetent. The points in dispute between the parties relate to a right of property which ought to have been tried in a declarator, and cannot be competently raised in a process of valuation. 2. The defenders have vested in them a complete feudal title to the titularity, and the teinds of the parish of Eaglesham, including the teinds of Threepland, which are situated within that parish. 3. The pursuers have acquired no right, either by express grant or by prescription, to the teinds of the lands of Threepland.

Lord Mackenzie .—I wish to know if the reclaimers on their part offer or intend to bring a declarator that these lands do not fall within the grant to the College.