Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Sir Lewis M'Kenzie's Claim on Cromarty

1753, July 10.
Case No. No. 23.

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This claimant in 1723 obtained decreet of constitution against the last Earl of Cromarty, for a principal sum and annulrents from 1705, and thereon an adjudication, accumulating the annalrents on the obligement of old Earl George his father,—but there was no penalty. He claimed his accumulated sum and interest from 1723, the date of his adjudication, but Lord Dun, Ordinary, (in respect of a precedent to be after mentioned,) restricted it to the principal and annualrents from 1705, but gave him his necessary expenses. Sir Lewis reclaimed, and at first the Court seemed to think the claim foundecf in equity, but upon answers reciting a former judgment in a parallel case of Thomas Belshes who in 1733 adjudged the estate of Nairn, we 15th July 1752 gave the like judgment. The Court this day, 10th July, adhered, but it carried only by my casting vote in the chair.—N. B. I had omitted the former decision, being only for advice. The interlocutor was 9th March 1754 altered nem. con. The President (who drew the reclaiming bill when at the Bar) was very clear, and at last so seemed Justice-Clerk. I gave no opinion.