If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.

Thank you very much for your support!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


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

[New search] [View without highlighting] [Printable PDF version] [Help]


[1786] Hailes 994      

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.

Robert Donaldson
v.
Sir Ludovic Grant

Date: 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     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Hailes020994-0662.html