Scottish Court of Session Decisions

The voter's father was sequestrated under the bankrupt statute in 1860. The subjects on which the voter stands registered belong to him and his father as pro indiviso proprietors. The voter's own half is insufficient to give him the requisite qualification, but in 1854 his father's share was exposed to sale, under articles of roup containing the usual clauses, by the trustee under the sequestration; and the voter was the highest offerer for the subjects. The usual minute of preference and obligation to grant a bond for the price was executed. It does not appear that a bond was granted, but the voter deponed that he gave to his father the money to pay the price, but that it seems he had not paid it. The voter's father continued in possession of part of the subjects as the tenant of the voter, but paid no rent. The other part was let, and the rent was drawn by the father under authority granted by the voter, who deponed that thus he drew the rent. The father died two years ago, and the voter has subsequently drawn the whole rent. There was no discharge under the sequestration, but there never was any procedure or interference by the trustee. Under these circumstances the Sheriff decided that the voter was not entitled to be retained on the register as owner under section 7 of the Reform Act.