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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Case of Chalmers of Balnacraig, - Aberdeenshire [1745] 2 Elchies 359 (28 July 1745) URL: http://www.bailii.org/scot/cases/ScotCS/1745/Elchies020359-041.html |
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Subject_1 MEMBER OF PARLIAMENT.
Date: Case of Chalmers of Balnacraig, - Aberdeenshire
28 July 1745
Case No.No. 41.
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Chalmers of Balnacraig produced a retour in 1739, retouring his lands at L.3 old extent and L.12 new, and two retours in 1563 and 1574, agreeing with it, only differing a little in the orthography of one of the tenements, though probably it might be the same word or name; but there was another retour in 1680, agreeing exactly with the retour 1739 in the designation of the lands, but retouring them to half a merk old extent and two merks new. The retour 1739 signified nothing because of the late act 1743. The Lords sustained the vote, and repelled the objection founded on the retour 1680, though some were of opinion that we could not presume the retour 1680 to be false or erroneous, though we knew not the evidence on which it proceeded, and thought both it and the old retours might be true, and the variation may have arisen either from a sale of a part of the lands, or the lands being different.
The electronic version of the text was provided by the Scottish Council of Law Reporting
