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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Case of Budge, - Caithness-shire. [1745] 1 Elchies 266 (26 February 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies010266-036.html |
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Subject_1 MEMBER OF PARLIAMENT.
Case of Budge, - Caithness-shire
1745 ,Feb .26 .
Case No.No. 36.
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Budge of Toftingall's right was quarrelled, which was an infeftment in lands that formerly held of the hospital of St Magnus and Toftingall, purchased from Ulbster, as deriving right from Earl of Breadalbane, the superiority and the patronage of the hospital so far as concerned the superiority of these lands. We had great doubt of the right of superiority whether the patronage would carry it, but I observed that if the person is infeft and in possession we cannot enquire into the preference of another; and we repelled the objection, renit. tantum Justice-Clerk, and Minto.
The electronic version of the text was provided by the Scottish Council of Law Reporting
