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Sibbald v Douglas and Kerr. [1790] Mor 8857 (18 December 1790)
URL: http://www.bailii.org/scot/cases/ScotCS/1790/Mor2108857-233.html Cite as:
[1790] Mor 8857
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. III.
Powers of the Court of Freeholders.
Sibbald v. Douglas and Kerr
Date: 18 December 1790 Case No. No 233.
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Mr Sibbald had purchased, at a judicial sale, lands which were there described as holding of the Crown. Having claimed on them at the election-meeting 1790, it was objected, that the lands held of the family of Lothian, and that the Crown-charter had therefore been improperly obtained. Two freeholders present, substitutes of entail to the superior, declared that they meant to bring a reduction of the charter upon that ground; and one of these substitutes, and another freeholder likewise present, declared that it consisted with their knowledge, that the lands had till very lately been held of that family. A majority of freeholders, upon this evidence, rejected the claim; but the Court of Session, on advising a complaint, with answers, found they had done wrong, and gave expenses to Mr Sibbald, though the summons of reduction was raised and executed before advising the complaint. See Appendix.
Fol. Dic. v. 3. p. 431. Supplement to Wight, p. 62.
