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.
Mackay v. Houston
Date: 24 February 1796 Case No. No 118.
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In the county of Sutherland, where enrolment is competent on lands held of a subject superior, the freeholder having refused to enrol a claimant, in respect his charter had been granted by a factor loco tutoris, for the superior, who was fatuous; it was urged, That such act was beyond the ordinary powers of a factor, and moreover his nomination by the Court of Session had not been produced.— The Lords, on a complaint, ordered the claimant to be enrolled.—See Appendix.
