The Clan Act, as subsequently amended, enabled agents of the Crown to hold lands previously owned by participants in the 1715 rebellion. These agents, called "commissioners," could appoint new tenants to the lands. Superiors of the lands were forced to either sell their land to the Crown or accept new tenants selected by the commissioners. Petitioner, Alexander Duke of Gordon, was one such superior who had yet to sell his land in Clunie, Callart, and part of Lochiel. Alexander maintained that the commissioners of the Crown must pay an entry fine (approximately one year's rent) to hold his land. The commissioners of the Crown argued that they are not obligated to pay an entry fine. The Lords concluded that a superior was not entitled, upon an entry, to demand from the Crown's donatary, or trustee for the Crown's behalf, the composition of a year's rent.
William Morison, The Decisions of the Court of Session (1811), pg. 15050