Subject_1 MEMBER OF PARLIAMENT.
Kerr
v.
Redpath, &C
1747 ,Nov .10 .
Case No.No. 49.
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The case of Redpath was a retour in 1666, retouring both old and new extent 7 merks and 4 (40)d. and the feu-duty 7 merks and 40d.; and Newbigging's case was the same, but that in the feu-duty there were 2s. in augmentationem rentalis; the same with Cleland's case, 4th June 1745, and 14th June 1746; and with M'Cara's case, 24th June 1747; and we gave the same judgment. Primrose's case is, that he is by his mother one of three heirs-portioners in a 40 shilling land, and has a disposition from the last vassal, on which fee is infeft base. We sustained the objection, renitente Arniston in the whole points; and several others voted for the interlocutor in the two first cases only, as they declared, because of the former judgment.
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