Learmont v Young
| Jurisdiction | Scotland |
| Judgment Date | 01 November 1875 |
| Date | 01 November 1875 |
| Docket Number | No. 2. |
| Court | Court of Session |
Lord Ormidale, Lord Ardmillan, Lord Craighill.
County Franchise—Successive Ownership—Reform Act, 1868, 31 and 32 Vict. c. 48, sec. 13.—
Held that the successive ownership of different premises, and merely civil possession during the requisite period, did not afford a qualification for a vote in a county.
John Learmont, C.E., Edinburgh, was entered on the assessor's list as proprietor of dwelling-house, garden, &c., Girdwood Street, Peebles, and, in succession, of dwelling-house, stable, and coach-house, Tweed Green, Peebles.
Learmont had been proprietor of the subjects in Girdwood Street, Peebles, and in receipt of the rents thereof for several years preceding the 15th June 1875, when he sold them. The rent was £29 per annum, and the feu-duty £3, 15s. 2d. He became proprietor of the subjects in Tweed Green, Peebles, at Whitsunday 1875, and was entitled to the rents of the same, which amounted to £11 per annum, free of any deduction, from that term. He had not been in the actual personal occupation of either of the subjects during any part of the twelve calendar months next previous to 31st July 1875.
Thomas Young objected to Learmont's name being continued on the roll, on the ground that the ownership...
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