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In a report by the sub-commissioners of the presbytery of Perth of the valuation of the teinds of the parish of Tibbermuir, now united to that of Redgorton, of date 25 August 1635, it is stated, that the mill-lands of Pitcairn ‘payit, and now payis yeirlie, of stock and teind, aught bolls victual foresaid, (that is, twa pairt meal, third pairt bear,) and pay in time coming, of constant yeirlie rent in stock and teind, sax bolls victual foresaid.’ Mr Smythe, as proprietor of these lands, brought the present action, for the purpose of having this subvaluation approved of.
The minister of Redgorton, who was called as a defender, appeared to oppose the valuation, and pleaded —
But the practice following upon this report must remove any doubt as to the competency of it; for it has, on different occasions, been approved in regard to the valuation of particular lands contained in it.
The Lord Ordinary reported the case to the Court, stating his opinion in the following note : ‘This being an action of approbation, the cause must, of course, be reported. But the Lord Ordinary subjoins the views which have occurred to him.
The Lord Ordinary is of opinion, that the explanations in the case for the pursuer are sufficient to obviate the pleas of res judicata and dereliction.’
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