BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Kenneth, &C. M'Kenzie v Stewart. [1752] 1 Elchies 461 (1 July 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies010461-046.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 TAILZIE.
Sir Kenneth, &C M'Kenzie
v.
Stewart
1752 ,July 1 .
Case No.No. 46.
Click here to view a pdf copy of this documet : PDF Copy
Lord Royston, of consent of these two pursuers, his nephews, obtained an act of Parliament for sale of Royston, with power to the trustees, therein named, to apply the price for payment of the expense of the act, and for payment of two great debts therein mentioned, and to get them conveyed to the purchaser. Sir Kenneth and Gerard M'Kenzie now pursue John Stewart, Royston's grandson and heir of line, to account for the price to them as next heirs of entail. Answered, the price exhausted by those debts. Replied, they were fictitious debts, and before extinguished. But we found we could not enquire into the matter, or review the act of Parliament, and therefore assoilzied. Reversed in Parliament 14th March 1754.
(The import of the Lord Chancellors speech, referred to by Lord Elchies as stated on his copy of the appeal case, (not preserved) is given by Lord Kames in his report of the same case, Dict. No. 164, p. 7445. The report as in the Fac. Col. is Dict. NO. 65. p. 15,459.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
