Decree being pronounced, and opened on a reclaiming bill, and the petitioner thereafter being attainted, the respondent having made intimation to the King's Advocate, and called the Officers of State by a diligence, who did not appear, the bill was found fallen, and decree allowed to be extracted on the former interlocutor.
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George James Gordon, of Muirake, gave power to Mr Theodore Gordon to dispone his estate, who entered into a minute of sale thereof with Sir William Gordon of Park; after which, Muirake disponed it to Alexander Henry Gordon his own brother.
Sir William intented a reduction of this disposition, on the medium, that the disponee was partaker of the fraud by his brother in granting double rights.
Alexander Henry Gordon obtained an interlocutor of an Ordinary, 2th December 1744, assoilzeing from the reduction. Against which a petition was presented, and answered; but, before advising, Sir William had engaged in the Rebellion, and was attainted.
Intimation was made to the King's Advocate, and the Officers of State called upon a diligence; but they did not appear.
The Lords, in respect of the intimation made to the King's Advocate, and that the Officers of State, being called upon a diligence, did not insist in the cause, found, That the petition was fallen; and allowed the defender to extract his decreet on the Lord Ordinary's interlocutor.
Act. Absent.Alt. Lockhart.Clerk, Gibson.
D. Falconer, v. 2. No 3. p. 4.
