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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Freeholders of Ross-shire v Monro of Culcairn. [1745] Mor 8738 (18 July 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor2108738-125.html
Cite as: [1745] Mor 8738

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[1745] Mor 8738      

Subject_1 MEMBER of PARLIAMENT.
Subject_2 DIVISION IV.

Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. II.

Adjudger. - Wadsetter.

Freeholders of Ross-shire
v.
Monro of Culcairn

Date: 18 July 1745
Case No. No 125.

A wadset found to be proper, so as to entitle to vote, though it contained no power to the wadsetter to call for his money.


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Monro of Culcairn stood upon the roll of freeholders for the county of Ross, in virtue of a disposition to the superiority of certain lands granted to him by Monro of Foulis his father, redeemable for 1000 merks.

Objected to his title; That this was an elusory right created to raise up a vote, and besides could give no vote, as being an infeftment in security for money, and not a proper wadset; for there was no power in the disponee to require the money. A wadset was a pledge; and here there was no debt which a pledge could secure, and so the right being no wadset at all, could not be called a proper or improper one.

The Lord Ordinary, having advised with the Lords, repelled the objection; and, on a petition, the Lords adhered.

Pet. W. Grant. Fol. Dic. v. 3. p. 416. D. Falconer, v. 1. P. 122.

*** A similar decision was pronounced, 17th January 1755, Galbraith against Cunningham, No 51. p. 8644.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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