Scottish Court of Session Decisions

Subject_1 MEMBER of PARLIAMENT.
Subject_2 DIVISION IV.

Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. VIII.

Splitting the Superiority.

Sloan Laurie
v.
Hamilton and Campbell

Date: 17 February 1781
Case No. No 196.

Click here to view a pdf copy of this documet : PDF Copy

Campbell of Skerrington held certain lands, and among others, the two merk lands of Horsecleugh, of the Earl of Dumfries, who, in 1774, Conveyed the superiority of these lands to different persons in liferent, for the purpose of giving them freehold qualifications. Campbell was ignorant of these proceedings till within a short time of the election 1780, when he brought a reduction, for setting them aside. Sloan Laurie, one of the disponees, claimed to be enrolled at Michaelmas 1780, on the two merk-land of Horsecleugh and others; but to this claim, Campbell, who was himself a freeholder, objected, That the claimant's titles were null, as tending to create an undue multiplication of superiors on the vassal. The freeholders sustained the objection; but the Lords found they did wrong, and ordered the claimant's name to be added to the roll.

Fol. Dic. v. 3. p. 428. Fac. Col.

*** This case is No 9. p. 7786. voce Jus Tertii.