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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Gordon v - [1765] 5 Brn 914 (17 December 1765)
URL: http://www.bailii.org/scot/cases/ScotCS/1765/Brn050914-1146.html

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[1765] 5 Brn 914      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett, Lord Monboddo .
Subject_2 MONBODDO.

Sir John Gordon
v.
-

Date: 17 December 1765

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A Freeholder in this county (Cromarty) claimed to be enrolled upon a divided valuation. Sir John raised a reduction of the division of valuation, which was brought into Court, and upon this ground the Michaelmas meeting of freeholders delayed to enrol the claimant. Of this judgment he complained, and this day the Lords reversed the judgment, and ordained him to be enrolled, but found no expenses due.

They went upon this ground,—that a person whose valuation is divided, is entitled to be put upon the roll, and to remain on it till that division is reduced; in the same manner as if the right to his lands were under reduction, that would be no reason for not enrolling him in the mean time; and if it were otherwise, it would give occasion to such tricks as would altogether elude the Act.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1765/Brn050914-1146.html