[1768] Mor 8758
Subject_1 MEMBER of PARLIAMENT.
Subject_2 DIVISION IV. Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. III. Nominal and Fictitious.
Date: Skene, &c
v.
Wallace
9 March 1768
Case No.No 141.
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In this and a multitude of other cases, the court of session introduced a practice of putting all freeholders, against whom complaints were depending, though upon different grounds, to answer the following or similar interrogatories : whether they had accepted the liferent or wadset on which they claimed with any other motive than that of serving one of the candidates, or for any other purpose but that of creating a vote? whether they had actually advanced any money for their disposition, or for making up their titles? whether they ever had the title-deeds in their possession? And if they were at the expense of defending against the complaint? And upon the claimant's either refusing to answer, or answering negatively, an interlocutor was pronounced, finding that the estate on which he had been enrolled was not a real estate in his person, but that his title were nominal and fictitious, created or reserved in order to entitle him to vote at the ensuing election, and therefore ordering him to be struck off the roll. But the House of Lords (9th may 1790) disapproved of this practice, and reversed the judgments,—see Appendix.
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