Lennox v Donaldson
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judgment Date | 05 November 1878 |
| Docket Number | No. 3. |
| Date | 05 November 1878 |
Ld. Ormidale, Lord Mure, Ld. Craighill.
County FranchiseBankruptSequestration recalled before Trustee appointed.
The proprietor of a house, which afforded a qualification for the county franchise, was sequestrated on 6th. March 1878, but the sequestration was afterwards recalled without a trustee having been appointed, on a deed of arrangement between the bankrupt and his creditors being produced in the process. Held that the mere sequestration, without the appointment of a trustee, did not so divest the bankrupt as to interrupt the continuity of his proprietorship.
William Donaldson, Kirkintilloch, objected to the name of Duncan Lennox being entered in the register of voters for the county of Dumbarton as proprietor of house at Dullatur, Cumbernauld, on the ground that owing to the sequestration of his estates he had not been proprietor continuously for the period of six months prior to 31st July 1878.
The facts stated by the Sheriff were that Lennox acquired the house in question, which was sufficient to afford a qualification, in or about the year 1872; that his estates were sequestrated by interlocutor of the Sheriff-substitute of Lanarkshire, dated 6th March 1878, by which interlocutor the...
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