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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Paterson v John Ord, Esq. [1781] Hailes 879 (1 February 1781)
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Cite as: [1781] Hailes 879
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[1781] Hailes 879
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 COURTESY-MEMBER OF PARLIAMENT.
Subject_3 The courtesy does not take place in lands acquired by the wife by singular titles.
Date: Sir John Paterson
v.
John Ord, Esq
1 February 1781 Click here to view a pdf copy of this documet : PDF Copy
[Dictionary, 3121.]
Monboddo. It is established that courtesy does not take place when the wife is not an heiress. The Act 1681' has no relation to courtesy: it respects the right of voting during the lifetime of the wife.
Braxfield. As to the question of courtesy, I cannot find a good reason for the distinction between lands taken by succession or by singular titles; yet, since this is established in practice, it must not be altered. No law says that a husband shall vote in right of his wife. When she ceases, by death, to have any infeftment, the husband cannot vote on the infeftment of his son.
On the 1st February 1781, “The Lords found that Mr Ord is not entitled to be enrolled.
Incident. Inner-house.
Act. J. Swinton. Alt. H. Erskine.
The electronic version of the text was provided by the Scottish Council of Law Reporting