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.
The Hon James Erskine v. Robert Graham
Date: 8 December 1790 Case No. No 201.
A superior of land obtaining a charter of resignation in favour of another person in liferent, and of himself in fee, may, nevertheless, claim enrolmeht as a freeholder in virtue of his former investitures.
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Mr James Erskine of Alva, one of the Senators of the College of Justice, being superior of certain lands in the county of Stirling affording a freehold-qualification, conveyed to a relation of his, a liferent of the superiority; and a charter of resignation was obtained from the crown, in favour of that person in liferent, and of his Lordship in fee.
When this transaction took place, Lord Alva was enrolled among the freeholders of the county of Stirling, as proprietor of certain lands, which he afterwards sold. At the meeting, therefore, for electing a member of parliament on 6th July 1790, he claimed enrolment, as superior of the lands first mentioned, and for that purpose he produced his investitures, which had been completed before the giving away of the liferent-right.
To this claim it was objected by Mr Graham, one of the freeholders, that, by the resignation, the former investitures had been completely done away, and could not be the warrant of an enrolment. This objection was sustained by the freeholders.
But, after advising a petition and complaint for Lord Alva, which was followed with answers, replies, and duplies, the Court being clearly of opinion, that a charter of resignation in favour of the resigner himself, though burdened with a liferent in favour of another person, did not invalidate a claim of inrolment, founded on the former investitures,
The Lords found, That the freeholders had done wrong in not admitting Lord Alva, &c. and found expences due.
Nota, Before these proceedings, the liferenter had executed a renunciation of his right, and Lord Alva had obtained a new charter. This however, he not being able to produce, but only an extract of it, the determination of the Court entirely rested on the validity of his original titles.
Act. Abercrombie.Alt. W. Robertson, et alii.
Fol. Dic. v. 3. p. 420. Fac. Col. No 156. p. 312.
*** See M'Lean against M'Neil, 23d June 1757, voce Sale.
