Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Lord Boyd's Case

1749, June 20, July 25.
Case No. No. 7.

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The Earl of Kilmarnock in 1732 vested the fee of his estate in his son Lord Boyd, under certain reserved powers to be exerced with consent of some friends, whereon Lord Boyd was that year duly infeft, and has lately sold the estate to the Earl of Glencairn. The Exchequer having since surveyed that estate, Lord Boyd, by the name of James Boyd of Kilmarnock and Callender, entered a claim to the estate, and the answer was on the Clan Act, (which in the question anent superiors and vassals, we found was not expired, but subsisted till the act 21st of the King's repealing that part of the clause,) that all dispositions and conveyances by persons who should be attainted of the treasons therein mentioned after the 1st of August 1714 should be void and null. We were all of us greatly difficulted in this question (except the President, who said he thought the act lasted only during the Rebellion 1715, to which opinion he was chiefly determined by the clause;) but as the lawyers at the Bar hinted that they would be able to prove the onerous cause, we all agreed, before answer, to order them to give in a condescendence of them, and of the manner of proof;—and on advising them, 25th July, we unanimously sustained the claim in general.—Affirmed in Parliament 28th March 1751.