Date of Decision: 1767
Abstract: Pursuer William Henry Kerr, Marquis of Lothian, was the superior of lands in Linton Parish, including the estate of Henry Kerr of Graden. Kerr of Graden was convicted of treason for his role in the Jacobite rising, resulting in the forfeiture of his estate. The Marquis of Lothian claimed the estate pursuant to the Clan Act, which provided that certain forfeited lands would revert to the superior. His Majesty’s Advocate, James Montgomery, sought a delay to allow time for a potential settlement, while also raising procedural objections to the Marquis’s claim.
Subjects: Crown, Forfeiture, Superior and Vassal

Published Report

Not Reported

Litigants

Pursuer:
William Henry Kerr, Marquis of Lothian, Superior
Defender:
Sir James William Montgomery, His Majesty's Advocate

People or Organizations Associated with Case

Lord Ordinary:
Andrew Fletcher, Lord Milton
James Veitch, Lord Elliock
Advocate for Pursuer:
John Swinton, Lord Swinton
Named in case documents:
Henry Kerr, of Graden, Former vassal of Pursuer
Francis Grant, Surveyor
Walter Williamson, Register of Forfeitures