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.
- v. Reid of Logie
Date: 23 February 1768 Case No. No 259.
Click here to view a pdf copy of this documet : PDF Copy
Reid of Logie claimed to be enrolled a freeholder of Forfar at Michaelmas 1767, and produced as his titles; 1mo, Charter of the lands claimed on in favour of Alexander Stormonth; 2 do, Disposition from Thomas Stormonth, the son of Alexander, in favour of the claimant, containing an assignment to the unexecuted precept of the charter; and, 3tio, His own instrument of sasine in virtue of that precept. But, when the claim was moved, Thomas Stormonth's general service to his father, a necessary link to connect Thomas with the precept, and to enable him to convey it, was not to be found. The freeholders, however, overruled the objection. The Court of Session altered this judgment. But the House of Lords, on appeal, in respect that the retour of Thomas's service was in the hands of the clerk to the meeting of freeholders, on the morning of the day of their meeting, and was then lost by accident, so that an extract could not be got thereof during the sitting of the meeting, but which extract was produced to the Court of Session, ordered the interlocutor to be reversed.—— See Appendix.
