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Scottish Court of Session Decisions >>
James Lindsay Carnegie, Esq; of Spynie and Boysack v Charles Gardyne, Esq. [1796] Mor 8841 (26 February 1796)
URL: http://www.bailii.org/scot/cases/ScotCS/1796/Mor218841-216.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION V.
Procedure in the Court of Freeholders.
Subject_3 SECT. II.
Claim to be enrolled.
James Lindsay Carnegie, Esq; of Spynie and Boysack v. Charles Gardyne, Esq
Date: 26 February 1796 Case No. No 216.
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The objection, “That the claim did not at all specify the register in which the claimant's sasine was recorded,” having been repelled by the freeholders, the Court of Session, upon advising a complaint by one of them, with answers, replies, and duplies, affirmed their judgment, and awarded expenses against the party who complained of it. And this, although it was pleaded by the complainer, that since both the statutes last mentioned, and the previous one of 12th Queen Anne, cap. 6. § 1. require the sasine to be registered for a certain time before enrolment, registration of the sasine is thereby chiefly made an essential ingredient in the qualification; and that therefore the expression ‘dates’ in the act of the late King must apply equally to the registration, as to the taking of the sasine.
