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Subject_1 MEMBER OF PARLIAMENT.
Date: Case of Budge, - Caithness–shire
v. 26 February 1745
Case No.No. 36.
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Budge of Toftingall, who had some lands held of the Hospital of St Magnus, was infeft under the Great Seal on the resignation of Ulbster, who
resigned these lands and the patronage of the Hospital so far as concerned them. The objection was, that he had no other right to the superiority than in consequence of his right to a part of the patronage, whereas the patronage of an Hospital gave no title to either property or superiority of the hospital lands. The Court doubted greatly of his superiority; but he being infeft, holding of the King, and in possession in terms of the act 1681, we thought it no good objection that another had a better right, but that other must declare his right as accords; therefore we sustained Mr Budge's, title to vote.
The electronic version of the text was provided by the Scottish Council of Law Reporting