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Subject_1 FORFEITURE.
Earl of Sutherland
v.
Ross
1740 ,July 8 .
Case No.No. 2.
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The Lords found, that for preserving the pursuer's casualty of recognition, it was necessary for him to enter a claim thereof before the Commissioners appointed to enquire into the forfeited estates, and that notwithstanding his right as superior of the lands subject to the recognition by the act 1mo Geo. for encouraging superiors, &c.—and found that no sufficient claim thereof was before them, and therefore found that he cannot now insist in this declarator of recognition. The first carried by a good majority, but the second only by the President's casting vote.—24th June 1741 Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting