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Subject_1 MEMBER OF PARLIAMENT.
Colonel Stewart's Case, - Wigtonshire
1747 ,June 24 .
Case No.No. 47.
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Colonel Stewart was infeft on his father, Earl Galloway, and Lord Garlies' resignation, and Captain Hay on his brother Sir Robert Hay's resignation, in fee and liferent in their respective lands, excluding their heirs and assignees, and failing them by decease to return to the granters; and in Colonel Stewart's rights he is enabled to burden the lands with L.400 sterling. The objection was, that this was no right of fee, because they did not descend to heirs or assignees, nor could not be sustained as a liferent, because it was but a nominal and fictitious right created to give a vote. We repelled the objection, and sustained both votes.
The electronic version of the text was provided by the Scottish Council of Law Reporting