Scottish Court of Session Decisions

The question of law involved in this case, and on which the objection to the voter's name being retained in the register was founded, was whether a voter was divested of his qualification to vote by the fact that one of his creditors was drawing the rents of the subjects in respect of which he claimed under a decree of maills and duties. The Sheriff's judgment, deciding that he was not so divested, was sustained by their Lordships, Lord Kinloch remarking that since mere evidence of debt was not sufficient to disqualify the debtor, it was not to be held that the fact of diligence having been done by the creditor upon this debt, was to have this effect; the more so that if the debtor was divested, as the creditor could not thereby obtain the qualification himself, the result would be to destroy all right to vote in respect of the subject in question.