Gairns v Blackwood
| Jurisdiction | Scotland |
| Judgment Date | 13 November 1882 |
| Date | 13 November 1882 |
| Docket Number | No. 1. |
| Court | Court of Session |
Lord Mure, Ld. Craighill, Lord Fraser.
County Franchise—Tenant—Trust—Beneficiary.—
Testamentary trustees held, as tenants, a farm which they were directed to manage for behoof of the younger children of the truster. One of the beneficiaries, who was also a trustee, resided upon the farm, and managed it for the trustees. Held that he was not entitled to be entered on the register of voters as joint tenant and occupant of the farm.
At a Registration Court for the county of Peebles, held at Peebles on 28th September 1882, George Clarkson Gairns claimed to have his name entered on the register as joint tenant and occupant of the farm of Posso. William Blackwood, a registered voter, objected.
The Sheriff-substitute (Orphoot) rejected the claim, and Gairns took a case.
The following facts appeared from the case:—By tack dated 7th March and 30th July 1870, Sir John Murray Naesmith of Posso, Bart., let the farm of Posso to John Gairns, the claimant's father, ‘excluding all assignees and subtenants, legal or conventional, unless with the consent of the proprietor or those in his right’; but the landlord, by subsequent minute, departed ‘from the...
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