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Scottish Court of Session Decisions >>
Freeholders of Dumfries-shire v Fergusson of Craigdarroch. [1746] Mor 8755 (30 July 1746)
URL: http://www.bailii.org/scot/cases/ScotCS/1746/Mor218755-136.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. III.
Nominal and Fictitious.
Freeholders of Dumfries-shire v. Fergusson of Craigdarroch
Date: 30 July 1746 Case No. No 136.
A superior, although he had granted a perpetual discharge of the feu-duty, found entitled to vote.
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Fergusson of Craigdarroch stood on the roll of freeholders of Dumfries, as being superior of the two-and-a-half merk land of Dunreggan.
Objected, That William Fergusson of Craigdarroch had, anno 1627, disponed these lands, to be held of himself feu for 16 merks Scots, for which feu-duty he, at the same time, granted a perpetual discharge, obliging himself to grant termly discharges as it fell due, if needful; so that he was only nominally superior.
Answered, That he retained still right to the other casualties of superiority. Observed on the Bench, That this right could not be at that time created fictitiously to give a vote, but the intent was plain; the lands holding ward, could not be feued out, but at a competent avail; and, therefore, to salve this, a discharge was granted of the feu-duty contained in the charter.
The Lords repelled the objection.
Fol. Dic. v. 3. p. 417. D. Falconer, v. 1. No. 138. p. 173.
