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- v Dalrymple. [1776] Mor 8751 (00 March 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor2108751-133.html Cite as:
[1776] Mor 8751
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.
- v. Dalrymple
1776.
March. Case No. No 133.
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Dalrymple of Fordel claimed to be enrolled on certain lands, conveyed to him by Wemyss of Wemyss, redeemable at Whitsunday 1770, or any subsequent Whitsunday, on payment or consignation of L. 20 Sterling. The word wadset did not occur in the conveyance; and it was objected to the title, That it was not a wadset, but one of those redeemable rights, reprobated by the act of Queen Anne. Answered, It is not necessary to the constitution of a wadset, that there be a borrower and lender, or any loan or debt; it may be a security for a gratuitous gift; nor is it necessary that there should be any clause of requisition, as many of the old wadsets are without it. The Lords repelled the objection; and their decision was affirmed upon appeal.——See Appendix.
