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Freeholders of the Shire of Wigton v Stewart of Barvennan and Hay of Balcarry. [1747] Mor 8738 (24 June 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor218738-126.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. II.
Adjudger. - Wadsetter.
Freeholders of the Shire of Wigton v. Stewart of Barvennan and Hay of Balcarry
Date: 24 June 1747 Case No. No 126.
Lands held by a man, excluding his heirs and assignees to return on his death to his author, found to entitle to vote.
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Colonel James Stewart of Barvennan was infeft in those lands, “tam in feodo quam in vitali redditu (heredes suos et assignatos excludendo) quo morte deficiente Comiti de Galloway vel Alexandro domino Gairlies, ejusque heredibus et successoribus redire et assignatis quibuscunque,” with power to him to burden the estate to the extent of L. 400 Sterling; and Captain Alexander Hay of Balcarry was infeft in the same manner, with a return to Sir Thomas Hay of Park, but without any power of burdening.
Objected to these titles to stand on the roll of freeholders for the shire of Wigton, that they were not liferents, and the fees were nominal and fictitious.
The Lords repelled the objection.
Act. A. MacdowalAlt. Lockhart.
Fol. Dic. v. 3. p. 415. D. Falconer, No 192. p. 257
