In a petition for reduction of an interlocutor of the Lord Lyon giving the respondent the right to use and bear the arms of Mackenzie quartered with the arms of Fraser and Falconer, and certain supporters, held (aff. the judgment of the Second Division) that the arms of the respondent were sufficiently differenced from the Mackenzie arms by the quartering with them of the arms of Fraser and Falconer as to exclude any right on the part of the petitioner to challenge the respondent’s use thereof; that whether they were correctly differenced or not, the decree of 1817 which granted the arms from which those of the respondent were deduced was protected by prescription and must stand; and that as the petitioner had himself no right to these arms, which had been granted by the Lord Lyon in his ministerial capacity, he had no title to sue. Held further, that there being no exclusive right of property in particular supporters the respondent had not infringed any right of the petitioner in regard thereto, and appeal dismissed.
Lord Dunedin, Lord Atkinson, Lord Shaw, Lord Sumner, and Lord Wrenbury
[1921] UKHL 54, 59 SLR 54
Bailii
Scotland
Administrative
Updated: 12 November 2021; Ref: scu.632648
