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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Appendix for Robertson [1727] UKHL Robertson_App_617 (17 April 1727)
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Cite as: [1727] UKHL Robertson_App_617
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SCOTTISH_HoL_JURY_COURT
Page: 617↓
No. 64. p. 297.
The twenty-five cases of appeal, at the instance of the Commissioners and Trustees for the forfeited Estates, noticed briefly at the end of the appeal brought by these Commissioners and Trustees v. James Drummond, in which the judgments of the Court of Session were found to be null and void for want of jurisdiction, are as follows:
1. The Commissioners and Trustees of the forfeited Estates v. Thomas Erskine of Mar, entered 15th Dec. 1719, decided 15th Feb. 1719–20.
2. Ditto v. John Stirling, eldest son of James Stirling, late of Keir, entered 1 8th Dec. 1719, decided 17th Feb. 1719–20.
3. Ditto v. Andrew Cassie, of Kirkhouse, entered 18th Dec. 1719, decided 17th Feb. 1719–20.
4. Ditto v. Wm. Maxwell, son to William late Earl of Nithsdale, entered 18th Dec. 1719, decided 14th March 1719–20.
5. Ditto v. John Erskine of Balgownie, entered 18th Dec. 1719 decided 14th March 1719–20.
6. Ditto v. George Earl of Kinnoul and George Hay Drummond, his eldest son, entered 18th Dec. 1719, decided 14th March 1719–20.
7. Ditto v. David Threipland, eldest son of Sir David Threipland of Fingask, entered 18th Dec. 1719, decided 14th March 1719–20.
8. Ditto v. Sir James Stewart of Goodtrees, entered 18th Dec. 1719, decided 14th March 1719–20.
9. Ditto v. Arthur Balfour, eldest son to Colonel John Balfour, and the creditors of the deceased Robert Lord Burleigh, entered 18th Dec. 1719, decided 14th March 1719–20.
10. Ditto v. James Lord Bargany and his guardians, Robert Dundas of Arnistoun, one of the Senators of the College of Justice, and John Jolly, Merchant in Edinburgh, entered 18th Dec. 1719, decided 14th March 1719–20.
Page: 618↓
11. Ditto v. Hugh Wallace of Inglestoun, entered 18th Dec. 1719, decided 14th March 1719–20.
12. Ditto v. Alexander Baine, Advocate, entered 18th Dec. 1719, decided 14th March 1719–20.
13. Ditto v. Donald M'Donald and John Stewart of Grantully, entered 18th Dec. decided 14th March 1719–20.
14. Ditto v. Patrick Earl of Marchmont, entered 18th Dec. 1719, decided 14th March 1719–20.
15. Ditto v. Henry Scrimseour, eldest son of John Scrimseour, late of Bowhill, entered 18th Dec. 1719, decided 14th March 1719–20.
16. Ditto v. Robert Gordon, son of William late Viscount of Kenmuire, entered 18th Dec. 1719, decided 14th March 1719–20.
17. Ditto v. Alexander Earl of Home and Anne Countess Dowager of Home, entered 18th Dec. 1719, decided 14th March 1719–20.
18. Ditto v. Harie Maule of Kellie, entered 21st Dec. 1719, decided 14th March 1719–20.
19. Ditto v. John Forbes, Advocate, entered 21st Dec. 1719, decided 14th March 1719–20.
20. Ditto v. John Preston, only son of the late Sir John Preston, Bart. entered 21st Dec. 1719, decided 14th March 1719–20.
21. Ditto v. John Gordon, son of Alexander late Viscount Kenmuire, entered 21st Dec. 1719, decided 14th March 1719–20.
22. Ditto v. Colin Mackenzie, Advocate, entered 21st Dec. 1719, decided 14th March 1719–20.
23. Ditto v. Lady Mary Hamilton of Baldoon, entered 22d Dec. 1719, decided 14th March 1719–20.
24. Ditto v. Charles Craigengelt, entered 20th Dec. 1719, decided 26th March 1719–20.
25. Ditto v. William Martin of Harwood, entered 18th Dec. 1719–20, decided March 1719–20.
The following appeals were also decided in the period comprehended in this volume; but are not reported, because the printed cases were not found in any collection searched for that purpose.
Page: 619↓
26. The Commissioners and Trustees of the forfeited Estates v. Donald Mackenzie of Kilcowie: this appeal, (entered 21st Dec. 1719), was brought from “an interlocutory sentence or decree of the Lords of Session in Scotland of the 3d of September 1719.”
Judgment 13th January 1720–1.—After hearing counsel, It is ordered and adjudged, that the petition and appeal be dismissed, and that the interlocutory sentence or decree therein complained of be affirmed.
27. The Commissioners and Trustees of the forfeited Estates v. John Earl of Ruglen: this appeal (entered 25th March 1724.) was brought from “a decree of the Court of Delegates in Scotland, made the 6th day of March 1724, praying that the same might be reversed, and that the judgment and decree given by the appellants the 17th of October 1720, might be affirmed.”
Judgment 12th Feb. 1724–5.—Counsel for the appellants only attending, they were called in and heard, and withdrew; and due consideration being had of the merits of this cause, It is ordered and adjudged, that the decree of the Court of Delegates complained of in the appeal be reversed; and that the judgment and decree so the Commissioners and Trustees of the forfeited Estates be affirmed.
28. The Commissioners and Trustees of the forfeited Estates v. George Maclain Portioner of Preston: this appeal (entered 26th March 1724) was brought from “a decree of the Court of Delegates in Scotland, made the 9th day of March 1724, praying that the same might be reversed, and that the decree and judgment given by the appellants the 17th of August 1719 might be affirmed.”
Judgment, 12th Feb. 1724–5.—After hearing counsel, It is ordered and adjudged, that the decree of the Court of Delegates complained of in the appeal be reversed; and that the judgment and decree of the Commissioners and Trustees of the forfeited Estates be affirmed.
29. Gabriel Napier Writer in Edinburgh v. Peter Napier of Napierstoun and Margaret his wife: this appeal (entered 28th Jan. 1725–6) was brought from “several interlocutors of the Lords of Session in Scotland, of the 10th and 20th of November 1722, the 25th and 28th of June, the 20th of November, and 13th of December 1723, and an interlocutor of the 11th of July 1724.”
Judgment, 12th Feb. 1724–5.— After hearing counsel, 80 l. for their costs in respect of the said appeal.
During this period 219 appeals from Scotland appear to have been entered, of which number there were
|
Judgments affirmed |
78 |
|
——— reversed or altered |
62 |
|
——— annulled (as noticed in the Appendix) |
25 |
|
Appeals withdrawn or dismissed |
50 |
|
——— remaining on the roll 15th May 1727 |
4 |