Young v Newbigging
| Jurisdiction | Scotland |
| Judgment Date | 20 October 1873 |
| Date | 20 October 1873 |
| Docket Number | No. 1. |
| Court | Court of Session |
Lord Benholme, Lord Ardmillan, Lord Ormidale.
County Franchise—Lease—Succession—Assignation—Statute 2 and 3 Will. IV., c. 65, sec. 9.—
Assignees to a lease under a mortis causa settlement, who had possessed the farm for nine months with the knowledge of the landlord, and without objection on his part, notwithstanding a clause in the lease excluding assignees, held entitled to be registered as voters in the county under sec. 9 of the Reform Act, 1832.
John Newbigging was entered on the assessor's list for the county of Peebles as ‘joint tenant and occupant, farm of Corstane, United Parishes of Kilbucho, Broughton, and Glenholm;’ and his brothers Thomas Newbigging and William Newbigging, were each separately there entered in the same terms. The entry in the valuation-roll was as follows:—(Description of subject) ‘Farm of Corstane.’ (Proprietor) ‘Arthur James Macqueen of Braxfield.’ (Occupiers) ‘John Newbigging, Thomas Newbigging, and William Newbigging.’ (Tenant under lease of nineteen years, and less than fifty-seven years) ‘Same.’ (Rent) ‘£196, 17s.’
The farm was let to James Newbigging, the father of the parties, and to his heirs, by Mr Robert Macqueen, the proprietor, by nineteen years' lease, dated 17th and 18th June 1858. The lease contained a ‘clause expressly excluding assignees and sub-tenants.’ James Newbigging died on 6th November 1872. He left a mortis causa disposition and settlement, dated 1st October 1872, whereby the said lease was assigned to his abovenamed sons, John, Thomas, and William, none of whom was the heir; and the deed (which also conveyed to them his whole other estate and effects, heritable and moveable, and appointed them his sole executors) likewise contained the following clause in reference to his only other sons, Joseph and James Newbigging, one of whom, Joseph, was his eldest son and heir-at-law:—‘And I hereby declare and explain that I have already given to Joseph Newbigging and James Newbigging, my only other children, their full shares of my heritable means and estate, and therefore that they are not included in these presents; and I further hereby declare that I have no claim against either of them.’ The deed was prepared by Mr Blackwood, writer, Peebles, as agent for the late tenant, with the full knowledge and approbation of the heir. Mr Blackwood, as agent for the family, attended the funeral, when the deed was read in presence of the...
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