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Subject_1 Teinds Subject_2 Sub-valuation by the Sub-commissioners of 1629 Subject_3 Construction of Report.
Held , on a construction of the report and of the title-deeds to the lands, in a question between Sir W. Stewart's successor and certain other heritors in the parish ( diss . Lord Shand), that notwithstanding a long usage in which the contrary had been assumed, the lands of Over and Nether Obney had not been valued, and fell to be localled on accordingly.
Held that a judgment proceeding on an admission by the Lord Advocate in a question between him and a heritor in a processof locality was not res judicata as against the minister and two other heritors in the locality.
Observations per Lord Deas on Officers of State v. Stewart , July 20, 1858, 20 D. 1331 .
In a locality of the united parishes of Auchtergaven and Logiebride objections were raised for the Earl of Mansfield and General R. R. Robertson, heritable proprietors of certain teinds in the parish of Auchtergaven, and for the Rev. D. Winter, minister of the united parishes, against Sir A. D. Stewart of Grandtully, as heritable proprietor of the teinds of the lands of Nether Obney and Over Obney in the parish of Auchtergaven. The common agent in his rectified state had Page: 360 ↓
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Common Room
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