Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. III.
Of Objections not stated, or Evidence not produced to the Freeholders.
- v. Edmonstone
Date: 29 February 1780 Case No. No 253.
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Sir Archibald Edmonstone of Duntreath having obained a charter of certain lands in Dumbartonshire, conveyed them, in September 1773, to Stewart of Fenwick in liferent, and to Archibald Edmonstone his own son in fee, and by the conveyance he assigned to them the precept of sasine in the charter, which still remained unexecuted. Both fiar and liferenter were accordingly infeft, and at Michaelmas 1774 the latter was enrolled a freeholder. The fiar was not then of age. He, however, claimed to be enrolled at Michaelmas 1779, and produced the charter in favour of his father Sir Archibald, together with his own sasine, and a regular certificate that the lands were of the requisite valuation; he neglected, however, to produce the conveyance from his father to Mr Stewart in liferent, and to himself in fee. The want of this disposition was accordingly made the ground of an objection to his being enrolled; but the freeholders over-ruled the objection. A complaint was preferred against their judgment to the Court of Session; in answer to which, Mr Edmonstone founded upon the minutes of the meeting of freeholders in 1774, from which it appeared, that the conveyance had been laid before them, though it had afterwards been lost or mislaid; and in order to supply the defect, he produced a new conveyance from his father; but the Court found, that the freeholders did wrong in enrolling him, and ordered his name to be expunged from the roll. See Appendix.
