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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Henry Gordon v Officers of State. [1748] 2 Elchies 200 (4 November 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Elchies020200-006.html Cite as: [1748] 2 Elchies 200 |
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[1748] 2 Elchies 200
Subject_1 FORFEITURE.
Date: Alexander Henry Gordon
v.
Officers of State
4 November 1748
Case No.No. 6.
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Sir William Gordon of Park, pursued a reduction of a sale of lands on account of a prior minute of sale betwixt the seller and him, from which the Lord Ordinary had assoilzied. Sir William reclaimed, and the defender had answered; but before advising, Sir William was attainted of high-treason; whereupon the defender, on a diligence, called the Officers of State, and intimated the process specially to the Lord Advocate, who declined to meddle or to support the petition. At advising, we doubted whether we could decide in the cause, because the Officers of State were not properly in the field so as to give a judgment against them; but in respect that the Lord Advocate declined to support the petition, we found it was fallen, and allowed the Lord Ordinary's decreet to be extracted.
The electronic version of the text was provided by the Scottish Council of Law Reporting