Earl of Airlie v Ogilvie

Subject_ Teinds—Valuation—Dereliction.— Headnote: Circumstances in which the Court held that the benefit of a valuation of teinda, by sub-commissioners, in June 1627, was lost by dereliction.

Under this remit, parties were heard before the Lord Ordinary, who “having considered the revised cases, process, and productions in reference to the plea of dereliction, which is the only one now remaining for discussion, made avizandum with the case to the Court, and appointed _________________ Footnote _________________

* “ Note .—The present is a process of approbation brought in 1827 by the Earl of Airlie find Mr Ogilvy of Clova, to have a certain document approved of as a valuation of their teinds, importing to be a report of certain sub-commissioners made in June 1627, for valuing the teinds of the united parishes of Cortachy and Clova.

“This sub-report is an old document, somewhat peculiar in its structure and terms, and bears date a year prior to the first valuation hitherto traced, as explained by Sir John Connel, vol. 1, p. 317. It was printed along with the record and revised cases, when this cause was lately before the Court.

“In terms of this remit the Lord Ordinary proceeded to consider the case, on the basis of the document libelled on, being a valid and effectual subvaluation of the date it bears; after which the only question remaining for consideration is, whether it ought to be held as extinguished by dereliction prior to the institution of the present action.