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Scottish Court of Session Decisions >>
Ross of Aitnoch and Others v Sir John Gordon and Leonard Urquhart. [1766] Mor 8864 (15 January 1766)
URL: http://www.bailii.org/scot/cases/ScotCS/1766/mor218864-244.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION VI.
Summary Complaint to the Court of Session.
Subject_3 SECT. II.
Upon what grounds is a Complaint admitted.
Ross of Aitnoch and Others v. Sir John Gordon and Leonard Urquhart
Date: 15 January 1766 Case No. No 244.
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The freeholders of Cromarty superseded the enrolment of three claimants, till the issue of a reduction of the decrees of division of their cumulo valuations. The claimants presented petitions and complaints. Answered, 1mo, The case does not fall under the statute; the respondents not having refused to enrol, but delayed giving judgment till the event of the reduction; 2 do, The Lords could not order enrolment de plano, as they were not competent in the first instance; the atmost they could do was to remit to the freeholders to determine upon the merits of the claims at their next Michaelmas meeting. The Court repelled the answers, and ordered the claimants to be enrolled, and refused a petition for the respondents, offering still to enter into their objections to the titles of the claimants.— See Appendix.
