Scottish Court of Session Decisions

Subject_1 MEMBER OF PARLIAMENT.

Home Campbell
v.
Sir John Home

Date: 7 June 1748
Case No. No. 50.

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There being an adjudication of Sir John Home's estate, whereof the legal was ex facie expired before 1st December 1743, the time limited in the late act, and his estate sequestrated by us at the suit of his creditors; Mr Home Campbell complained that the freeholders at Michaelmas last, upon an objection made, refused to strike Sir John out of the roll; and upon answers we found, 1mo, That there being no alteration in Sir John's circumstances since 1st December 1743, the freeholders could not judge of the election. 2do, We unanimously found the objection not relevant, since the adjudger was not in possession, and Sir John was by the factor;—and by a majority found expenses due. (See Dict. No. 127. p. 8738.)