M'Ewen v. Watt

Subject_1 Teinds Subject_2 Valuation Subject_3 Pasture Lands not under Lease Subject_4 Grass Parks and Policy Grounds Let Seasonally for Grazing — Hypothetical Rent — Deductions — Act of Sederunt, 12th November 1825 (C.A.S., 1913, H, iii, 1).

Where fire insurance premiums were payable by tenants under their leases to their landlord, who was not bound to apply the proceeds of the policies in restoring buildings destroyed by fire, held that the premiums formed part of the rent payable for the lands, and must be taken into account in estimating the teindable rental of the subjects let.

Robert Finnie M'Ewen, Esquire of Marchmont, Berwickshire, pursuer , brought an action against the Rev. Charles James Watt, minister of the parish of Polwarth, and Sir John Hume Campbell, Bart, of Marchmont, defenders , for any interest he might have as titular or pretended titular, concluding for a valuation of the teinds, both parsonage and vicarage, of the estate of Marchmont.

The compearing defender pleaded, inter alia —“1. The rental of the pursuer's lands being inaccurate and incomplete the action should be dismissed. 2. The rental of the pasture lands and woodlands condescended on by the pursuer not being a fair estimate of the average rental which could be obtained therefor during the next eleven years, cannot be used as the basis of the valuation concluded for.”

Opinion .—“The pursuer, who is the proprietor of the estate of Marchmont, in the parish of Polwarth and county of Berwick, brings this action for the purpose of having the teinds of the said lands valued. The estimated yearly value of the subjects, so far as teindable, as set out in condescendence 5, amounts to £1516, 15s.