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Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. VI.
Apparent Heirs.
Moodie v. Baikie
Date: 10 February 1781 Case No. No 180.
A person claiming to be enrolled as a freeholder, in the character of apparent heir, produced his ancestor's sasine, but not the charter upon which the sasine proceeded. His claim was rejected.
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Mr Moodie, claiming to be enrolled as a freeholder in the county of Orkney, in the character of apparent heir, produced his ancestor's sasine, but not the charter upon which the sasine proceeded.
To this production, Mr Baikie
Objected: By statute 16th Geo. II. no person can be admitted to the roll of freeholders, as apparent heir, who does not exhibit a complete feudal title, in the person of the ancestor. An instrument of sasine is merely a relative writing, to which no credit can be given, if unsupported by the charter or other deed to which it refers.
This objection was sustained by the freeholders. Mr Moodie complained to the Court of Session, and there exhibited the predecessor's charter. But “The Court dismissed the complaint.”
For Mr Moodie, Ilay Campbell, et alii.Alt. Rolland, et alii.Clerk, Tait.
Fol. Dic. v. 3. p. 425. Fac. Col. No 31. p. 56.
