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Scottish Court of Session Decisions >>
William Macdowall v Andrew Buchanan. [1787] 5 Brn 647 (20 February 1787)
URL: http://www.bailii.org/scot/cases/ScotCS/1787/Brn050647-0792.html Cite as:
[1787] 5 Brn 647
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by the reporters for the faculty of advocates.
William Macdowall v. Andrew Buchanan
Date: 20 February 1787
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Mr, Andrew Buchanan was, at the meeting for election in 1786, enrolled as a freeholder in the county of Renfrew.
His freehold, which was obtained from Mr Spiers, stood precisely on the same footing with that of Mr George Buchanan, with this only difference, that he had not subscribed the deed of consent executed by the heirs of entail. But he was not ignorant of the transaction, a copy of the deed having, before his enrolment, been read over to him.
A majority of the Lords were of opinion, that, as the freehold-qualification of Mr George Buchanan had been found to be nominal and fictitious, the one in favour of Mr Andrew Buchanan could not be viewed in a different light.
After advising a complaint in the name of Mr Macdowall, with answers for Mr Buchanan;
The Lords found, “That the freeholders did wrong in admitting Andrew Buchanan to the roll of freeholders, and ordered his name to be expunged.”
