Alexander Bayne, Advocate v The Commissioners and Trustees for The Forfeited Estates: HL 13 Jan 1725

Temporary Jurisdiction in the Commissioners for the Forfeited Estates – By several acts of Parliament, the claims relative to forfeited estates, were to be entered before the commissioners by a day certain: in certain cases application was to be made to the Court of Session. A person mistaking his remedy, applied to the Court of Session, and obtained a judgment in his favour; but that was afterwards (among many others) annulled by the House of Lords, for want of jurisdiction; he then entered a claim before the trustees, which they refused to consider as not being entered within the time limited: and an appeal to the Court of Delegates was also refused, ‘leaving the petitioner in his circumstantiate case, to make application for redress to the proper powers.’ The judgment of the Court of Delegates is affirmed.

[1725] UKHL Robertson – 507, (1725) Robertson 507

Litigation Practice

Updated: 22 November 2021; Ref: scu.554113