Scottish Court of Session Decisions

Subject_1 TAILZIE.

Sir Kenneth, &C M'Kenzie
v.
Stewart

1752, July 1.
Case No. No. 46.

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Lord Royston, of consent of these two pursuers, his nephews, obtained an act of Parliament for sale of Royston, with power to the trustees, therein named, to apply the price for payment of the expense of the act, and for payment of two great debts therein mentioned, and to get them conveyed to the purchaser. Sir Kenneth and Gerard M'Kenzie now pursue John Stewart, Royston's grandson and heir of line, to account for the price to them as next heirs of entail. Answered, the price exhausted by those debts. Replied, they were fictitious debts, and before extinguished. But we found we could not enquire into the matter, or review the act of Parliament, and therefore assoilzied. Reversed in Parliament 14th March 1754.

(The import of the Lord Chancellors speech, referred to by Lord Elchies as stated on his copy of the appeal case, (not preserved) is given by Lord Kames in his report of the same case, Dict. No. 164, p. 7445. The report as in the Fac. Col. is Dict. NO. 65. p. 15,459.)