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Scottish Court of Session Decisions >>
Sir Robert Abercromby v Alewood and Others. [1777] Mor 8852 (17 June 1777)
URL: http://www.bailii.org/scot/cases/ScotCS/1777/Mor2108852-229.html Cite as:
[1777] Mor 8852
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. III.
Powers of the Court of Freeholders.
Sir Robert Abercromby v. Alewood and Others
Date: 17 June 1777 Case No. No 229.
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When an objection is palpable, and can be established under his own or his author's hand, without any farther investigation, they hold it competent to reject the claim. Thus, several qualifications, created by Earl Fife on certain fishings in the river Doveran, were rejected, first by the freeholders, and afterwards by the Court of Session, in respect that it appeared, from a deed under the late Earl's hand, that these fishings were held of the royal burgh of Banff, and not of the Crown. See Appendix. See No 110. p. 8687.
A similar judgment was pronounced in the course of the same session, 1777, Alexander Pierie contra Hay of Mordington, see Appendix.
