WILLIAM SCOTT MONCRIEFF—Petitioner (Court of Session)

The petitioner's entailed estate of Newhalls was, under authority of an act of Parliament obtained for that purpose, exchanged for the entailed lands of Kirkton and Whitelaw, belonging to the Earl of Roseberry; and the disposition and deed of entail executed by the Earl in favour of the petitioner and other heirs of entail having been approved of by the Court, was recorded, and, thereupon, charters were obtained; and, in virtue of the precepts of sasine therein contained, infeftments were taken and recorded.

Thereafter, the petitioner applied to the Court to find that the entail had been recorded in due form, and his titles properly made up under it.

The Lord Ordinary, in reporting on the petitioner's titles, directed the attention of the Court to this omission, when their Lordships concurred in opinion that, acting merely in virtue of powers conferred on them by the act of Parliament, they were bound, in consequence of that error, to withhold their sanction to the titles.

Lord Moncreiff, Ordinary. For Petitioner, Jameson. Gibson & Hector, W. S. Agents. F. Clerk.

Thereafter, a new infeftment having been taken on the same charter, containing the omitted word in the former instrument, and the Lord Ordinary having reported (29th January 1830) that the titles were correctly made up, the Court now interponed its authority, by declaring that the directions of the act of Parliament had been complied with.