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Freeholders of Ross-shire v Monro of Culcairn. [1745] Mor 8738 (18 July 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor218738-125.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. II.
Adjudger. - Wadsetter.
Freeholders of Ross-shire v. Monro of Culcairn
Date: 18 July 1745 Case No. No 125.
A wadset found to be proper, so as to entitle to vote, though it contained no power to the wadsetter to call for his money.
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Monro of Culcairn stood upon the roll of freeholders for the county of Ross, in virtue of a disposition to the superiority of certain lands granted to him by Monro of Foulis his father, redeemable for 1000 merks.
Objected to his title; That this was an elusory right created to raise up a vote, and besides could give no vote, as being an infeftment in security for money, and not a proper wadset; for there was no power in the disponee to require the money. A wadset was a pledge; and here there was no debt which a pledge could secure, and so the right being no wadset at all, could not be called a proper or improper one.
The Lord Ordinary, having advised with the Lords, repelled the objection; and, on a petition, the Lords adhered.
Pet. W. Grant.
Fol. Dic. v. 3. p. 416. D. Falconer, v. 1. P. 122.
*** A similar decision was pronounced, 17th January 1755, Galbraith against Cunningham, No 51. p. 8644.
