Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Robert Donaldson and Others v. Sir Ludovick Grant
Date: 11 March 1786 Case No. No 115.
A trust conveyance for behoof of creditors does not take away the right of voting at the election of a Member of Parliament.
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At a meeting of the freeholders of the county of Nairn, for electing a Member of Parliament, it was objected to one of them, that he had granted to a trustee, for behoof of his creditors, a disposition of the lands on which he stood enrolled, containing procuratory of resignation and precept of sasine, in virtue of which precept the trustee was infeft, full powers being thus conferred on the disponee to enter into possession, levy the rents, sell the estate, and apply the proceeds towards payment of the debts; and, in support of the objection, it was
Pleaded; Though the trustee's infeftment was a base one, be could at any time become publicly infeft in virtue of the procuratory of resignation. The right, therefore, of the truster is defeasible at the will of another person, nor can such a precarious title be understood as that public infeftment and possession which are required by the statute of 1681. 7th March 1781, Muir and Dalrymple contra Macadam, No 114. p. 8688.
Answered; The statute of 1681 explicitly declares, “That no person infeft for relief or payment of sums shall have vote, but the granters of the said rights, their heirs and successors.” Now, the trustee, as in the room of the creditors, is a person so infeft; and therefore that provision applies directly to the present case. His possession is virtually that of the truster. The case of Macadam, if not determined on a specialty resulting from the sale of a part of his estate prior to the day of election, ought not to be regarded as a precedent.
The Court considered the possession of the trustee to be truly that of the truster, and that this case fell directly under the above provision of the statute; and therefore
They repelled the objection, and dismissed the complaint.
For Objectors, Wight.Alt. Abercromby.
Fol. Dic. v. 3. p. 417. Fac. Col. No 271. p. 418.
