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Elliot v Shaw and Oliver. [1759] Mor 8679 (00 January 1759)
URL: http://www.bailii.org/scot/cases/ScotCS/1759/Mor218679-105.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. I.
Vassals in lands forfeited by the superior. - Fishings may be joined to lands to complete a qualification. - Proprietor pro indiviso. - Feu-duties payable out of church-lands. - Mortified lands sold. - To give a qualification there must be a feudal vassal in the lands. - Bodies corporate. - Minors. - Exchange of pieces of land. - Infeftment in virtue of a clause of union, and dispensation in a Crown charter. - Burgage lands sold by the burgh. - Where the superior is unentered. - Person divested by a trust-deed. - The claim must describe the title for enrolment. - Eldest sons of Peers. - Charter granted by a factor loco tutoris. - Roman Catholics. - Officers of the Revenue.
Elliot v. Shaw and Oliver
1759. Case No. No 105.
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Found, that a disposition of lands, containing an assignation to the charter, but reserving the property to the granter, with infeftment thereon, is not a proper title for enrolment; for a reservation of this kind does not constitute the grantee vassal to the granter.—See Appendix.—See Bald against Buchannan, 8th March 1786, Voce Superior and Vassal.
