Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Alexander Gordon
v.
Officers of State

1748, Nov. 4.
Case No. No. 5.

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The late Sir William Gordon raised reduction against Gordon of Muiresk of a sale of some lands bought by him from George James Gordon, on pretence of a prior minute of sale betwixt the pursuer and the said George, and Balmerino, Ordinary, assoilzied and decerned. Sir William reclaimed to us by petition and additional petition, which were both answered,—but before advising Sir William was attainted of high treason,—and the defender upon a diligence cited the Officers of State, and intimated the process to Lord Advocate, who declined to meddle in it. This day at advising the Lords doubted whether they could advise the bill and answers because Sir William was attainted, and the Officers of State not properly in the field to give any judgment against them? and the President at last proposed, that in regard they were called on the diligence and the process intimated to Lord Advocate, who declined to support the petitions, to find that they were fallen, and to allow the decreet pronounced to be extracted.