Pursuer William Henry Kerr, Marquis of Lothian, was the superior of lands in Linton Parish, including the estate of Henry Kerr of Graden. Kerr of Graden was convicted of treason for his role in the Jacobite rising, resulting in the forfeiture of his estate. The Marquis of Lothian claimed the estate pursuant to the Clan Act, which provided that certain forfeited lands would revert to the superior. His Majesty’s Advocate, James Montgomery, sought a delay to allow time for a potential settlement, while also raising procedural objections to the Marquis’s claim.

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