DECIDED IN

THE HOUSE OF LORDS,

ON APPEAL

FROM THE COURTS OF SCOTLAND,

1824.

REPORTED BY

PATRICK SHAW, ESQ. ADVOCATE.

VOLUME II.

WILLIAM BLACKWOOD, EDINBURGH;

T. CADELL, AND J. BUTTERWORTH AND SON, LONDON.

MDCCCXXVIII.

During the period of these REPORTS,

EARL OF ELDON, Lord Chancellor.
LORD GIFFORD, Depute Speaker.

ERRATA.

Correct the Judgment in MILLERS v. MILLER, in Volume I. p. 315. as follows :

:

Line 1. for interest,' read' intent.'

Line 31. after the words marriage-contract,' insert these,

' according to the nature and amount of the provisions so made

DECIDED IN THE HOUSE OF LORDS,

ON APPEAL FROM THE

COURTS OF SCOTLAND,

1824.

EARL OF WEMYSS AND MARCH, Appellant.-Sugden-Jeffrey.
SIR J. MONTGOMERY, of Stanhope, Bart. Respondent.-

Moncreiff-Abercromby.

Entail-Sale-Statute 38. Geo. III. c. 60. and 39. Geo. III. c. 6. and 40.—Counsel. Held, (affirming the judgment of the Court of Session), 1. That it is not relevant to set aside a sale of part of an entailed estate for redemption of the land-tax under the above statutes, that the Court has committed an error in judgment as to the execution thereof. And, 2. That it is not a valid objection that the lands have been purchased by the Counsel, who subscribed pro forma the petition and other papers necessary for obtaining the authority of the Court for the sale.

No. 1.

1ST DIVISION.

In the month of July 1799, William, late Duke of Queensberry, Feb. 25. 1824. presented a petition to the Court of Session, stating that he was 'proprietor and heir of entail in possession of the estates of Lord Gillies. 'Queensberry, Tinwald, and March, lying in the counties of 'Dumfries and Peebles; and intends, under the authority of the 'Acts of Parliament, 38. Geo. III. c. 60. and 39. Geo. III. c. 6. and 40. to sell certain parts of these entailed estates, and to apply the prices to the redemption of the land-tax payable from 'them respectively.'

After mentioning that he had not exactly determined what parts of these three entailed estates were most proper to be sold, he suggested, that for the purchase of the land-tax of the estate ' of March, the lands of Easter-Happrew, in the parish of Stobo, 'at present let to Charles Alexander at a free rent of L. 105,' should be sold. This petition was subscribed as Counsel by the respondent, who was then Mr Montgomery. The amount of

VOL. II.