Crawford v Johnston
| Jurisdiction | Scotland |
| Judgment Date | 04 November 1879 |
| Docket Number | No. 3. |
| Date | 04 November 1879 |
| Court | Court of Session |
Ld. Ormidale, Lord Mure, Ld. Craighill.
County Franchise—Joint Tenants—Proof—Onus.—
Two brothers worked a farm along with their father. The sons claimed as joint tenants. Some years before the claim was made a verbal agreement was entered into between the father and the landlord of the farm that he and his sons should be jointly interested in the farm. Since that time the rent receipts were made out in their joint names. The value was sufficient to afford a qualification for the sons. Held that the joint tenancy had been sufficiently instructed, and that the claimants were entitled to be put upon the roll.
Observed (per Lord Mure) that the claim being ex facie a good one the onus of proof was shifted from the claimant to the objector.
Hugh Crawford, residing at Dumgoiach, Strathblane, claimed to be entered on the roll for the county of Stirling as joint tenant and occupant of the farm and lands of Drumikiech, which claim was objected to by Robert Johnston, a voter on the roll, on the ground that the claimant did not possess the alleged qualification.
The Sheriff (Gloag) sustained the objection, and the claimant took a case.
In the case the facts were stated as follows:—‘The facts are, that Peter Crawford senior, father of the claimant, has been in occupation of the farm of Drumikiech, in said county, since 1872. That there was a written agreement between the said Peter Crawford senior and the proprietor in reference to the tenancy of the said farm for the period of nineteen years from Whitsunday 1872, which agreement was not produced, and is not stamped.
‘For two and a half years the claimant and Peter Crawford junior, his brother, have worked the said farm along with their father, Peter Crawford senior, and lived in the farm-house of the immediately adjoining farm of Dumgoiach along with their father. Two years and a half ago a verbal arrangement was entered into by the landlord and the said Peter Crawford senior, Peter Crawford junior, and Hugh Crawford, the claimant, to the effect that the said Peter Crawford senior, Peter Crawford junior, and the claimant should be jointly interested in said farm, and since the date of that arrangement the receipts for rent have been granted in their favour. The landlord understood that the arrangement was for a yearly tenancy, but the said Peter Crawford junior and the claimant understood that it was for the remainder of the period...
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