WILLIAM LANDELL, v Mrs MARGARET BRODIE or LANDELL and ELEAZER COLVILLE (Court of Session)

William Landell was the heir-at-law of his deceased niece, Hannah, whose father had a plantation with slaves in Jamaica. Hannah's mother, Mrs Landell, claimed and obtained payment (there being no counter-claim lodged by William Landell) of L.1080, being the proportion of the composition for slave property under Lord Stanley's Act (3d and 4th William IV. cap. 73.) Mrs Landell was domiciled at Berwick-on-Tweed, having no property of any kind in Scotland.

In July 1836 William Landell presented to Mr James Bell, Sheriff-Clerk of Berwickshire, a written document in these terms:—

‘ Dunse , 6 th July 1836.—The before-designed William Landell being solemnly sworn and examined, depones, That what is contained in this and the preceding pages, is a just and true statement: That no part of the sums therein mentioned has been paid. All which is truth, as he shall answer to God.’ (Signed) ‘W. Landell, James Bell.’

Among other defences, it was pleaded (in limine)—1. The de-der, Mrs Landell, neither being domiciled in Scotland, nor having any property or effects in it, is not within the jurisdiction of the Court of Session, and the irregular and illegal proceedings which were adopted to force the defender within the jurisdiction of the Scotch courts, are altogether ineffectual for that purpose. 2. Dr Colville, who signed the bond of presentation, is not bound to make the other defender, Mrs Landell, appear as a party to this action, seeing that it has not been raised in a competent court.

Upon these pleas, and expressly to try the competency of the arrestment, cases were ordered by the Lord Ordinary.