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Scottish Court of Session Decisions >>
Dalrymple, &c. v Reid. [1755] Mor 8679 (4 March 1755)
URL: http://www.bailii.org/scot/cases/ScotCS/1755/Mor2108679-104.html Cite as:
[1755] Mor 8679
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.
Dalrymple, &c v. Reid
Date: 4 March 1755 Case No. No 104.
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Lands mortified to a college, and afterwards alienated, give a qualification; and it is no objection, even upon the act 1681, that they hold neither ward, feu, nor blench; for, besides temporal lands of those different tenures, that statute expressly mentions church-lands; and mortified lands fall under that very predicament. Much less can any difficulty arise from the 16th Geo. II. which specifies no particular tenure, but bears in general ‘lands holden of the King or Prince.’
