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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Appendix - Roxburghe Causes [1809] UKHL 6_WS_App_103 (20 June 1809)
URL: http://www.bailii.org/uk/cases/UKHL/1809/6_WS_App_103.html
Cite as: [1809] UKHL 6_WS_App_103
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SCOTTISH_HoL_JURY_COURT
Page: 103↓
RESOLUTIONS AND ORDERS OF THE HOUSE OF LORDS IN THE ROXBURGHE CAUSES.
Competition of Brieves.
I.
“Die Martis, 20° Junii 1809.
Moved, That according to the just and legal construction of the substitution of the deed 1648, to the eldest dochter of Hary Lord Ker, without division, and their heirs-male, the several daughters of Hary Lord Ker, in their order, and the heirs-male of their respective bodies begotten seriatim, were called as heirs of tailzie and provision, to take the estates conveyed by the said deed, in preference to the heir-male general of the eldest, or of any other of the said daughters; and, therefore, that Sir James Norcliffe Innes, so described in the Interlocutors of the Court of Session, in case he shall prove himself to be the heir-male of the body of Lady Margaret Ker, and that there are no heirs-male existing of the bodies of the Ladies Jane and Anna Ker, according to the usual course of proceeding in services, is to be preferred in the competition of brieves respecting the said estates; and that upon such proof made, the brieves purchased by Brigadier-General Ker ought to be dismissed.
Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That the said motion be taken into consideration on the first cause-day in the next session of Parliament.
(Signed) George Rose, Cler.Parliament.”
Page: 104↓
Reduction.
II.
“Die Martis, 20° Junii 1809.
Moved, That it is premature for this House to determine the appeals in the action of reduction, complaining of the Interlocutors which find, That the estates of Roxburghe were held by the late William Duke of Roxburghe under an entail, which contains an effectual prohibition against altering the order of succession, before the pursuers' title and propinquity be established.
Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That the said motion be taken into consideration on the first cause-day in the next session of Parliament.
(Signed) George Rose, Cler.Parliament.”
Order for Sir James Innes Ker's Service to proceed.
III.
“Die Mercurii, 21° Junii 1809.
Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That the Lords of Council and Session do, notwithstanding the pendency of the Appeals in this House, respecting the Roxburghe Estates, if they shall so think fit, direct the Macers to proceed, according to the Interlocutor dated the 7th, and signed the 8th July 1807, (the said Interlocutor being understood by this House to mean, that Sir James Norcliffe Innes, so described in the Interlocutors of the Court of Session, is to be preferred in the competition of Brieves, if he proves, according to the usual course of proceedings in services, that he is the heir-male of the body of Lady Margaret Ker, and that there are no heirs-male of the bodies of Ladies Jean and Anna Ker respectively;) but that such proceedings of the Macers, and all acts, deeds, and proceedings, of whatever nature, to be made, done, or executed, by any person or persons, or following thereupon, shall be without prejudice to any person or right, in case, upon determining the Appeals, or any of them, in any manner relating to the Roxburghe estates, depending in this House, this
Page: 105↓
(Signed) George Rose, Cler.Parliament”
IV.
“Die Mercurii, 21° Junii 1809.
Ordered by the Lords Spiritual and Temporal, in Parliament assembled, That this House proceed generally upon the several Roxburghe Causes, on the first cause-day in the next Session of Parliament.
(Signed) George Rose, Cler.Parliament.”
Competition of Brieves.
V.
20° Junii 1810.
Sir James Norcliffe Innes, Brigadier Walter Ker, and Bellenden Ker, competing, “Ordered and adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That so much of the Interlocutors of the Lords of Session of 14th February 1806 as contains an instruction to the Macers to find that John Bellenden Ker, Henry Gawler, and John Seton Carr, esquires, had a title to appear and be heard for their interests in their said services; and that so much of the Interlocutor of the Court of Macers of 17th February 1806 as finds in conformity to the said instruction, be affirmed. And it is declared, that according to the just and legal construction of the substitution of the deed 1648 to the eldest dochter of Hary Lord Ker without division, and their
Page: 106↓
(Signed) George Rose, Cler. Parliament.”
Reduction.
VI.
8° Junii 1811.
Ordered and adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the appeal be dismissed, and the interlocutor complained of affirmed.
(Signed) “ George Rose, Cler. Parliament”