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Scottish Court of Session Decisions >>
Montgomery-Cunningham v Hamilton. [1780] Mor 8670 (6 December 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor2108670-081.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION III.
The Qualification of Freeholders possessing Lands liable in Public Burden for L. 400 Scots.
Subject_3 SECT. V.
How a division of Valuation may be set aside. - Every Party interested in a division ought to be made a Party to it. - Erroneous division.
Montgomery-Cunningham v. Hamilton
Date: 6 December 1780 Case No. No 81.
Click here to view a pdf copy of this documet : PDF Copy
In the division of a valuation, all parties who have interest ought either to concur, or to be called as parties. But this rule is not enforced with rigour. The Court will not sustain the simple objection made by a freeholder or commissioner, that he has not been called as a party, unless he can likewise show that the division is materially wrong; for, unless a division be faulty, no person can properly be said to have any interest in challenging it. See Appendix.
