Verdict of heir's propinquity in a service, q. v.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Retour |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Alexander Cunnynghame v. William Muir of Caldwall | 1760 | Possession, Disposition, Retour, Charter, Liferent, Feu duties | Alexander Cunnynghame pursued a claim to the Five Pound Land of Craigbeat and Kersemeadow against William Muir of Caldwall, who objected on the basis of tax-roll and vassal land distinctions and argued that Cunnynghame’s title was nominal and fictitious and that he lacked possession. Muir replied to Cunnynghame’s answers, insisting that the pursuer held neither valid title nor actual possession of the lands. Cunnynghame defended his liferent-right to the properties, rebutting the objections by citing historical retours and demonstrating vassal possession. |
| Cunynghame v. Watson | 1788 | Jurisdiction, Freeholder, Retour, Charter, Sasine, Tax | Sir William Augustus Cunynghame petitioned the Court to overturn the freeholders' interlocutor admitting Charles Watson as a freeholder, challenging whether the heritable bailie office and lands qualified Watson for that status. David Williamson answered for the defender, responding to Cunynghame's objections regarding the extent of the office and lands. |
| Fraser v. Fraser | 1802 | Retour, Freeholder, Estate | Dr. William Mackinnon Fraser of Lower Grosvenor's Street, London, petitions to be enrolled as a freeholder of the lands and barony of Durris for the county of Inverness, and to serve in Parliament on behalf of Inverness. Simon Fraser protests approval of Dr. William Mackinnon Fraser's enrollment as a freeholder on the grounds that the source Dr. William Mackinnon Fraser uses to prove his title and the value of the land is inaccurate. The others overrule him and approve the enrollment. Simon Fraser subsequently files a complaint with the Lords of Council and Session to dispute the sufficiency of Dr. William Mackinnon Fraser's claim to the lands, and thus his claim to a position on the roll of freeholders. In the course of the proceedings, Simon Fraser dies, and his case is taken up on his behalf by his uncle, William Fraser, Esq. of Queen's Square, Bloomsbury, London. |
