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David Dundas v Freeholders of Linlithgow. [1768] Mor 8793 (19 December 1767)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor218793-171.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. V.
Freeholders must be infeft on proper Titles, and their infeftments recorded, year and day before Enrolment.
David Dundas v. Freeholders of Linlithgow
1767.
December19. &
1768.
November15. Case No. No 171.
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The Court of Session had affirmed the judgment of the freeholders, sustaining this objection to a claim of enrolment, That in virtue of a claim of dispensation similar to the above, in the case of Ogilvie, No 169, infeftment had been taken at a place not within the lands conveyed.
After the judgment of the House of Lords in the case of Ogilvie, the claimant was enrolled upon a new application.
The Court of Session found that the first decree was a res judicata, and appointed him to be expunged; but the House of Lords, 5th March 1770, reversed both judgments.
Fol. Dic. v. 3. p. 424.
*** Agreeably to these judgments of the House of Lords, the Court of Session decided in the following cases;—9th December 1790, Edmonston against Morehead; and 1st March 1791, Cheap against Morehead. See Appendix.
