BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Robert Cunningham v - . [1754] 2 Elchies 370 (9 January 1754)
URL: http://www.bailii.org/scot/cases/ScotCS/1754/Elchies020370-063.html

[New search] [Contents list] [Printable PDF version] [Help]


[1754] 2 Elchies 370      

Subject_1 Member Of Parliment

Captain Robert Cunningham
v.
-

Date: 9 January 1754
Case No. No. 63.

Click here to view a pdf copy of this documet : PDF Copy

Captain Robert Cunningham complained of their refusing to enrol him for his lands of Seabeggs, in respect there was no legal valuation of his lands, at least no legal division; that these lands were in the Exchequer book 1.691 jointly valued with other lands at L.888, and being purchased by the Major, he took a charter to himself in liferent and his eldest son in fee; that in 1739 he renounced his liferent of these lands of Seabeggs; in 1743 complaint was entered against him in terms of the act 16th Geo. II.; but as in 1739 he got two Commissioners to divide the valuation, and to value Seabeggs at L.414, the complaint was passed from and he continued on the roll; in 1745 he purchased other lands to himself, mentioned in No. 61; he conveyed these lands to the claimant his eldest son, who again eonveyed the lands he formerly had to the second son: And the objection to the claimant was, that the division by two Commissioners privately met, and not at a general meeting or one called by the Convener, was not a legal division. Answered, The objection may be good where the original valuation is extant, but here there is none; that a complaint was entered in 1743, but passed from as not founded; that in this country the tenants pay the Cess, whereby the valuation of each farm is known. The Court sustained the objection and dismissed the complaint.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1754/Elchies020370-063.html