Legal Subject: Election

Case Date Legal Subject Abstract
Fraser v. Lord Woodhouselee 19 Jun 1804 Election, freeholder right Simon Fraser, a freeholder of Inverness-shire, filed a complaint with the Court of Session objecting to Alexander Fraser Tytler’s claimed eligibility to vote for a knight of Inverness-shire. Tytler’s claim rested on his wife’s status as a freeholder of that county. In the course of the proceedings, Simon Fraser died, and William Fraser, another of the freeholders of Inverness-shire, took up the complaint. The debate centered on the 7th clause of the 12th of Queen Anne and the meanings of the words "property" and "superiority." In the end the Court repelled the complaints of the pursuers and upheld Lord Woodhouselee's enrollment and vote.
Robert Munro v. John Baxter, Provost of Cupar, and Other Burgesses 1772 Election This case stems from a disputed election for the Dean of Guild of Cupar in 1766. Robert Munro and John Stewart stood as candidates. Munro claimed to have won the election. The town council decided that the other candidate, Stewart, had actually won. On appeal to the Court of Session, however, the court determined that Munro had won the election. The court did not award Munro costs and fees related to the litigation. Munro then petitioned the town council for reimbursement of his expenses. The town council agreed to make a donation to Munro. A few members of the town council, objecting to this donation, sought to stop the payment in court. Munro contended that the Court of Session did not have jurisdiction over the royal burrows with respect to administrative and revenue matters.