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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> The Commissioners and Trustees of the Forfeited Estates v. Patrick Farquharson late of Inveray, Esq.; [1721] UKHL Robertson_340 (9 January 1721) URL: http://www.bailii.org/uk/cases/UKHL/1721/Robertson_340.html Cite as: [1721] UKHL Robertson_340 |
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Page: 340↓
(1721) Robertson 340
REPORTS OF CASES ON APPEAL FROM SCOTLAND.
Case 74.
Foster's Crown Law, p. 82.
Subject_Fa'sa Demonstratio. — Misnomer. —
The attainder and forfeiture of Alexander Farquharson, did not affect a person of the same surname and description, but bearing the Christian name of Patrick.
Vide Commissioners of Forfeitures v. Gordon. No. 60 hereof.
By an act of parliament 1 Geo. 1. c. 42., it was enacted, that if amongst others, Alexander Farquharson of Inveray, should not render himself to one of his majesty's justices of the peace, on or before the last day of June 1716, he should stand attainted of treason from the 12th of November 1715. By virtue of two other acts of parliament 1 Geo. 1. c. 50., and 4 Geo. 1. c. 8, the appellants seized and surveyed the respondent's estate as vested in them, by the attainder of Alexander Farquharson.
The respondent in terms of the act 5 Geo. 1. c. 22. presented his exceptions to the Court of Session, setting forth his title to the lands so seized and surveyed, and contending that the attainder of Alexander Farquharson did not affect him; and the Court on the 19th of August 1719, gave judgment in his favour.
Entered, 18 Dec. 1719.
The appeal was brought from “an interlocutory sentence or decree of the Lords of Session of the 19th of August 1719.
Judgment, 9 Jan. 1720–21.
After hearing counsel, It is ordered and adjudged, that the said petition and appeal be dismissed, and that the interlocutory sentence or decree therein complained of be affirmed.
This appeal is on a point precisely similar, with that against Alexander Gordon of Auchintoule, 25th February 1719–20,
Page: 341↓