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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Kenzie v Officers of State. [1742] 1 Elchies 142 (25 February 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010142-004.html
Cite as: [1742] 1 Elchies 142

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[1742] 1 Elchies 142      

Subject_1 FORFEITURE.

M'Kenzie
v.
Officers of State

1742, Feb. 25.
Case No. No. 4.

Click here to view a pdf copy of this documet : PDF Copy

We all agreed that by the act 6to Geo. II. purchasers of forfeited estates formerly held feu of the Crown were to hold them blench and free of all feu-duties, and that notwithstanding the blunders in the act 4to Geo. II. But our difficulty was, whether the Crown intended to give away these feu-duties? which was no difficulty in law but in equity. But Arniston told us he assisted in framing the act 6to Geo. II. that it was intended to free the purchasers of these feu-duties, and to correct the blunders in the former act, which removed our difficulties, and we found in favours of the purchasers. 25th February 1742. The Lords Adhered, and refused a bill without answers.—(27th Nov. 1741.)

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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