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Govan of Hermiston v Sir George Douglas and Others. [1796] Mor 8882 (4 March 1796)
URL: http://www.bailii.org/scot/cases/ScotCS/1796/Mor2108882-265.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. IV.
Whether the Court of Session may admit Evidence not laid before the Freeholders.
Govan of Hermiston v. Sir George Douglas and Others
Date: 4 March 1796 Case No. No 265.
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At the Michaelmas meeting of freeholders for Roxburghshire, 6th October 1795, a claim was presented for enrolment upon ‘all and whole that half part of the dominical lands of Herdmestown, now called Hermistone;’ and, in proof of the old extent, there was produced a retour, dated 1510, of the half of the dominical lands of Herdmestown, but without saying which half; and, as there was no evidence laid before the freeholders, to show that the half now called Hermistone was the same with that contained in the retour, they refused to admit the claimant to the roll. In a complaint, however, it having been made out to the satisfaction of the Court, that the lands claimed on, and those retoured, were the same, the claimant was ordained to be enrolled.—See Appendix.
Fol. Dic. v. 3. p. 436. Supplement to Wight, p. 6.
