[1790] Mor 8857
Subject_1 MEMBER of PARLIAMENT.
Subject_2 DIVISION V. Procedure in the Court of Freeholders.
Subject_3 SECT. III. Powers of the Court of Freeholders.
Date: Sibbald
v.
Douglas and Kerr
18 December 1790
Case No.No 233.
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Mr Sibbald had purchased, at a judicial sale, lands which were there described as holding of the Crown. Having claimed on them at the election-meeting 1790, it was objected, that the lands held of the family of Lothian, and that the Crown-charter had therefore been improperly obtained. Two freeholders present, substitutes of entail to the superior, declared that they meant to bring a reduction of the charter upon that ground; and one of these substitutes, and another freeholder likewise present, declared that it consisted with their knowledge, that the lands had till very lately been held of that family. A majority of freeholders, upon this evidence, rejected the claim; but the Court of Session, on advising a complaint, with answers, found they had done wrong, and gave expenses to Mr Sibbald, though the summons of reduction was raised and executed before advising the complaint. See Appendix.
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