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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Donaldson v Sir Ludovic Grant. [1786] Hailes 994 (11 March 1786) URL: http://www.bailii.org/scot/cases/ScotCS/1786/Hailes020994-0662.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 MEMBER OF PARLIAMENT.
Subject_3 A trust-conveyance, for behoof of creditors, does not take away the right of voting at the election of a Member of Parliament.
Date: Robert Donaldson
v.
Sir Ludovic Grant
11 March 1786 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 418; Dictionary, 8689.]
Braxfield. The vote is good: my creditor's possession is mine:—such possession is an accountable one. As long as my estate is not sold, it is my property, and I may, when I please, denude the trustees by paying off the debt. A reverser is entitled to vote during the currency of the legal, because he may redeem when he pleases. The Act of Parliament has provided for this very case, by declaring, that no infeftment for relief or payment shall have vote.
Eskgrove. The right is in the debtor, although the creditor have power to sell.
On the 11th March 1786, “The Lords dismissed the complaint.”
Act. A. Wight. Alt. A. Abercrombie. N. B.—There was some doubt arising from the case of M'Adam, but the circumstances of that case were not distinctly explained.
The electronic version of the text was provided by the Scottish Council of Law Reporting
