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Scottish Court of Session Decisions >>
Kerr of Moriston, and other Freeholders of Berwickshire v Primrose [1747] Mor 8687 (10 November 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor218687-102.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Kerr of Moriston, and other Freeholders of Berwickshire v. Primrose
Date: 10 November 1747 Case No. No 102.
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A person enrolled by the freeholders as heir apparent to the eldest of three heirs-portioners, was, on a complaint, ordered to be expunged; though it was argued, that the first adjudger is entitled to vote, so the eldest heir-portioner should have the right of the vote, which, though she cannot exercise herself, might accrue to her husband or her son.
