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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> The Commissioners and Trustees of the Forfeited Estates v. John Hog, Merchant in Edinburgh [1721] UKHL Robertson_341 (18 January 1721)
URL: http://www.bailii.org/uk/cases/UKHL/1721/Robertson_341.html
Cite as: [1721] UKHL Robertson_341
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SCOTTISH_HoL_JURY_COURT
Page: 341↓
(1721) Robertson 341
REPORTS OF CASES ON APPEAL FROM SCOTLAND.
Case 75.
v.
Subject_Trust. — Forfeiture for Treason. —
A disposition held ineffectual to convey an estate, which was executed by a trustee, and not consented to by the truster.
Upon the attainder of the Viscount of Kenmuir for high treason, the appellants caused seize and survey the ancient estate of the family. The respondent by virtue of the act 5 G. 1. c. 22. put in his exceptions to the Court of Session, against the said survey, in so far as concerned some houses and lands, lying near the town of New Galloway. He stated that he had purchased these houses and lands from George Hume of Whitfield, with consent of Captain James Dalzell; and he produced a disposition in his favour with sasine thereon, dated in 1712. Both these persons were attainted after that date, for high treason.
The appellants stated in answer to this, that the estate of Kenmuir, was about the year 1643, charged with so much debt, that it was judged expedient to purchase decrees of apprising to be held by a trustee for the behoof of the Viscounts of Kenmuir. That accordingly a decree of apprising was purchased for this purpose in 1646, which after some mesne conveyances came to the hands of George Hume of Whitfield, still as a trustee; and he was seised in the estate by virtue of a charter from the crown in 1701. That this George Hume, in 1711 transferred his trust right to Captain James Dalzell, but the latter was not infeft; and that the conveyance by Hume and Dalzell to the respondent was void, being made by the trustee, without any consent by the viscount of Kenmuir.
The Court of Session on the 15th of September 1719, “found that neither William late Viscount of Kenmuir, George Hume of Whitfield, nor Captain James Dalzell, were entitled unto the tenements and acres mentioned in the exception, in their own right, or to their own use, or any other person in trust for them on the 24th of June 1715, or at any time since; and found that the respondent was then, and has been ever since, vested in the right of property of the premises.”
Entered, 18 Dec. 1719.
The appeal was brought from “an interlocutory sentence or decree of the Lords of Session, made the 15th of September 1719.”
Page: 342↓
(In this appeal the appellants' case only was found; it stated some of the circumstances on which the allegation of trust was founded, but too indistinctly to be here detailed.)
Judgment, 18 Jan. 1720–1.
After hearing counsel, It is ordered and adjudged that the said petition and appeal be dismissed, and that the interlocutory sentence or decree therein complained of be affirmed.