Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Elections of Nairn, - Alexander Brodie of Lethen,
v.
Brodie of Spynie and Others

Date: 12 June 1747
Case No. No. 46.

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A complaint was sustained against Brodie of Spynie and others, who were added to the roll at Michaelmas 1743, without previously producing their titles as the act directs, though they alleged they had been upon the roll at and even before 1735, and never regularly turned off, only at the election that year, Lethen, one of the candidates, who had the minority, seceded, and in the Sheriff's house made a roll from their memories, and elected Lethen, who sat in Parliament, and the petition against him dropped; and in the roll they had omitted the respondents, and there was no Michaelmas Head-Court nor election from that time till 1743;—but that roll 1735 being ordered to be recorded, and accordingly recorded as the law directs in the Sheriff's books, the allegiance repelled.