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Scottish Court of Session Decisions >>
Younger Children of Cameron of Lochiel v His Majesty's Advocate. [1758] Mor 4727 (1 December 1758)
URL: http://www.bailii.org/scot/cases/ScotCS/1758/Mor1104727-058.html Cite as:
[1758] Mor 4727
Forfeiture of a Sub-vassal. - Effect of Rebellion. - Misnomer.
Younger Children of Cameron of Lochiel v. His Majesty's Advocate
Date: 1 December 1758 Case No. No 58.
In claims upon forfeited estates for bonds of provision, delivery prior to the statutable date of attainder must be proved.
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Several years prior to the 24th of June 1745, Cameron of Lochiel granted moderate bonds of provision to his younger Children. The bonds contained a power of revocation, and dispensed with the not delivery.
Lochiel having been attainted for the rebellion of 1745, and his estate forfeited, his children claimed upon these bonds of provision.
Objected for his Majesty's Advocate, 1mo, They contain a power of revocation. 2do, There is no proof offered of the bonds having been delivered evidents prior to the 24th of June 1745.
‘The Lords dismissed the claims.’
Act. Montgomery.Alt. Crown Lawyers.
Fol. Dic. v. 3. p. 233. Fac. Coll. No 138. p. 253.
