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Scottish Court of Session Decisions >>
Ferguson v Montgomery. [1780] Mor 8820 (00 March 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor2108820-193.html Cite as:
[1780] Mor 8820
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. VIII.
Splitting the Superiority.
Ferguson v. Montgomery
1780.
March. Case No. No 193.
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Sir John Anstruther held the lordship of Giffen blanch of the Earl of Eglinton, for payment of one penny Scots, si petatur tantum. The Earl split this superiority into different parts, for creating qualifications. Objected to the claimants on these qualifications, That as Sir John Anstruther, the vassal, paid only one penny Scots, si petatur, for the whole lordship, so that blench duty neither was divided, not was divisible; and as each claimant had only an undivided share, it was an established maxim, that no person could be qualified to vote as a freeholder, without having a distinct property, and a distinct possession. The Lords sustained the objection.—See Appendix.
