Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. IX.
Alteration of Circumstances.
Ilay Campbell v. Malcolm Fleming
Date: 23 January 1781 Case No. No 199.
No alteration of circumstances when the renewal of the freeholder's investiture does not proceed upon his resignation.
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In the year 1773, Mr Fleming was admitted to the roll of freeholders in the county of Dumbarton, as liferenter of sundry lands, part of the estate of Cumbernauld. In October 1779, Lady Elphinstone, proprietrix of that estate, for the purpose of creating a qualification on the fee of these lands, granted a new disposition to Mr Fleming, in liferent, and to another person in fee.
Upon this disposition, which was immediately followed with infeftment, the fiar lodged a claim, to be enrolled at the Michaelmas head-court 1780; and, in this claim, Mr Fleming concurred, stating his newly acquired titles, and concluding either to be continued in his former place on the roll, or to be enrolled of new.
The meeting for electing a Member for the county having taken place on the 14th September 1780, it was objected to Mr Fleming's remaining on the roll, that, by his acceptance of a new right, and claiming to be enrolled there on, he had virtually renounced that upon which he was admitted to the roll.
To this objection it was held by the Court to be sufficient answer, that, as the new infeftment did not proceed upon Mr Fleming's resignation, the old one still subsisted in his person. They, therefore,
“Repelled the objection.”
Objector, Ilay Campbell.Alt. Ro. Dundas.
Fac. Col. No 22. p. 43.
