Scottish Court of Session Decisions

Subject_1 Member Of Parliment

Fordyce of Gask, Supplicant

Date: 18 January 1754
Case No. No. 66.

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Fordyce of Gask complained of being refused to be enrolled though he produced a retour in 1513, bearing that the lands of Gask, and an annuity of 13s. 4d. out of another subjeet, were 10 merks of old extent. Answered, That upon a complaint against him upon the act 16th Geo. II. to which he gave in no answer, we ordered him to be expunged in February 1745, and therefore the freeholders could not enrol him till that decreet was reduced. Replied, That decreet was just, because he put in no answers and produced no title, and therefore cannot be reduced, and he had no other way to be enrolled but by a new application to the freeholders. We repelled this defence. 2do, Answered, that he has no right to the annuity in the retour, and the old extent cannot be divided. Replied, The retour sufficiently divides them, for an annuity always valet seipsum, and can be valued no more, so the lands are clearly nine merks. They also alleged that Gask comprehended sundry other lands, and they could not then be nine merk of old extent when they are but L.300 valuation, but could not condescend on the lands. The Court was much divided, but it carried to sustain the complaint. (See Dict. No. 36. p. 8619.)