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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duncan M'Pherson's Claim of Clunie. [1749] 1 Elchies 146 (1 December 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010146-010.html |
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Subject_1 FORFEITURE.
Duncan M'Pherson's Claim of Clunie
1749 ,Dec. 1 .
Case No.No. 10.
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Evan M'Pherson of Clunie being attainted of treason while Lachlan his father was alive, who died only June 1748; after his death Evan disponed the estate of Clunie to Duncan his infant son, and for him the estate was claimed, for that Clunie did not belong to his father Evan, while Lachlan his father was alive, so that he was not M'Pherson of Clunie, and therefore was not the person, though that was the designation always given him and taken by himself,—and as he had been some years married to Lord Lovat's daughter, there was little doubt that the estate was conveyed to him also; however, it might be difficult for the Lord Advocate to recover the marriage-settlement. But the Lords this day, (as I am told, for I was in the Outer-House) rejected the claim, sed rentt. Dun et Easdale.
The electronic version of the text was provided by the Scottish Council of Law Reporting
