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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr James Colquhoun, Advocate, v Captain Duncan Urquhart. [1774] Hailes 564 (23 February 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Hailes010564-0321.html Cite as: [1774] Hailes 564 |
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[1774] Hailes 564
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 Previous registration for year and day, of a renunciation, by a liferenter, is not requisite to entitle the fiar to vote.
Date: Mr James Colquhoun, Advocate,
v.
Captain Duncan Urquhart
23 February 1774 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, VI. p. 291; Dictionary, 8750.]
Gardenston. Here there is a fiar and liferenter. The fiar is entitled to be enrolled: will it hurt his right that the liferenter has no right? Suppose that he had been enrolled, and that afterwards the liferenter had renounced. By the objector's doctrine, he ought to be struck off the roll on account of his change of circumstances to the better.
[This was a stroke of humour which proved nothing.]
Kennet. As to the valuation of the lands, overblown with sand, the order of the treasury did not take effect. Supposing that the treasury had power to make it, I have some difficulty as to the objection, that the renunciation was not before year and day.
On the 23d February 1774, “the Lords appointed Mr Colquhoun to be enrolled simply.”
Act. J. Grant, A. Lockhart. Alt. R. M'Queen.
The electronic version of the text was provided by the Scottish Council of Law Reporting
