Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. IV.
Whether the Court of Session may admit Evidence not laid before the Freeholders.
Sir John Gordon v. Fraser, &c
Date: 17 February 1767 Case No. No 257.
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Sir John Gordon claimed to be enrolled at Michaelmas 1766, but neglected to produce a retour to show the old extent of the lands on which he claimed. Having complained against a judgment of the freeholders, rejecting him, he produced a retour with his petition, from whence it appeared that his lands were of the full legal extent. The Court dismissed the complaint.
1767. May 4.—The House of Lords affirmed the decree, and declared “That the titles produced by the complainer to the freeholders, upon which he claimed to be enrolled, were essentially defective, for want of showing a retour; for which reason the freeholders did right in refusing to enrol him; and that upon his petition, complaining of such refusal, the Court of Session was confined to the titles laid before the freeholders, having no jurisdiction by the statute in that case made and provided, to order a claimant to be enrolled upon any title originally produced to them, and not laid before the freeholders in the first instance.”——See Appendix. See No 17. p. 1700.
