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Scottish Court of Session Decisions >>
Sir Robert Abercromby v Alewood. [1777] Mor 8687 (17 June 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor2108687-110.html Cite as:
[1777] Mor 8687
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.
Sir Robert Abercromby v. Alewood
Date: 17 June 1777 Case No. No 110.
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It is not uncommon for royal burghs to alienate parts of their burgage lands, to be held of themselves. But even although, after doing so, they were, by connivance, to convey the superiority to a purchaser, so as to make way for his obtaining a charter from the Crown, that would not confer upon him a right to vote, or entitle him to be enrolled as a freeholder. The lands still remain truly burgage, and their owners are represented by the member for the burgh.——See Appendix.
