Scottish Court of Session Decisions

Subject_1 FORFEITURE.

Attainder of the Estate of Perth

Date: 12 December 1750
Case No. No. 16.

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A third claim was entered on this estate of Perth by James Lundin of Lundin, the grandson of Earl of Melfort, as nearest protestant heir-male to James Drummond, and whose blood was saved from being corrupted by his grandfather's forfeiture, by a clause in the act attainting him, saving the blood of his first marriage with the heiress of Lundin; and the claim was founded on the act 1700; but we found that he could not be heir to James Drummond of Perth, because of the attainder of James Lord Drummond, the father of the said James Drummond, whereby that bridge was broken, as Chief Justice Hales expresses it. 2do, We thought that the succession is not by the act 1700 established in the protestant heir, without either a service, or some other legal act, to ascertain, that the nearest heirs professed popery, and the protestant heir's own title; that till then the right of apparency remains with the popish heir, who may possess and contract debts and be charged to enter heir, yea, and may be served and infeft if no body oppose, and therefore may forfeit; and the succession having on the 11th May 1746 devolved to John, we thought the estate became forfeited by his attainder, and therefore dismissed the claim.