Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.

Ewan M'pherson
v.
The Lord Advocate

Date: 1 December 1749

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[Elch. No. 11, Forfeiture.]

The question here was, Whether this claimant, Ewan M'Pherson, was properly attainted under the name of Ewan M'Pherson of Clunie, his father being alive, in fee and possession of the estate of Clunie ? And the Lords found he was, dissent. tantum Easdale. It was admitted in this case by the advocate, 1mo, That the addition of Clunie related to the lands and estate, by the custom of Scotland, and not to the place of abode, according to the custom of England. 2do, That though no addition was necessary in an act of attainder, yet a wrong addition, such as did not belong to the person, would vitiate an attainder ; but he said there was here no wrong addition, for the claimant was certainly of Clunie, whether elder or younger, that is, proprietor or apparent heir, was not expressed, nor was it necessary ; for if it is not necessary to give any addition, it is certainly not necessary to give a full addition, and the amount of the objection here is, that the addition is not full. But Lord Easdale thought that, by the language of this country, of Clunie, without more, denoted positively proprietor of that estate, and therefore that the proprietor was not attainted. Others of the Lords said, that this was a name of reputation, which was very often applied to those that neither were in fee nor possession; as in this very act, Alexander Gordon is designed of Glenbucket, though he has been many years denuded of that estate.