Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Election of Mearns. - Sir James Carnegie v Steuart of Inchbreck. [1741] 2 Elchies 348 (13 February 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Elchies020348-005.html
[New search] [Contents list] [Printable PDF version] [Help]
Subject_1 MEMBER OF PARLIAMENT.
Date: Election of Mearns - Sir James Carnegie
v.
Steuart of Inchbreck
13 February 1741
Case No.No. 5.
Click here to view a pdf copy of this documet : PDF Copy
A vassal holding of a person forfeited, and who held of the Crown, getting a charter in common form (ratione forisfacturæ) in Exchequer, but not upon the Clan Act, though that superiority may be sold by the Crown, yet till it be sold, he is the Crown's vassal, and entitled to vote at elections and to be enrolled. If one have property and superiority which had been extended jointly, and have disponed the superiority to his son, who disponed the half of it to another, who obtained a brief or warrant for dividing the old extent of the property lands reserved by the father from the superiority, and then divided the old extent of the superiority; the Lords found there was no proper warrant for making the division, and that he could not on that title be enrolled. (See Case of Aberdeenshire, 12th February 1745, infra).
The electronic version of the text was provided by the Scottish Council of Law Reporting