Blair Collection > Celtic magazine > Volume 2

THE CELTIC MAGAZINE. 421
did all in their power to improve their possessions, as he gave them as-
surances that he certainly would not remove them, so long as they did
their duty by him and the land. Immediately after the decree of the
Court of Session had been reversed, and before judgment had been put
into execution, a " Kev. Mr Macpherson, a half-pay chaplain of a regi-
ment, unmarried, and Avithout a family," applied for and got a lease of
the appellants' farms. This person, besides his half-pay, had a salary of
£40 a year " for preaching in the Irish language, and had considerable
possessions of his own in that corner."
The means adopted by Macpherson for turning adrift the appellants
and their families, " to the number of fourscore souls," Avere such as
would not have been expected of a person of liis cloth, and did him no
credit. He visited the district, was well received, and hospitably enter-
tained, and after having spied out the land, and obtaining aU necessary
information regarding its capabilities, he saw it was a good land to dwell
in, coveted it, and took means to get the lease above referred to. All at-
tempts on the part of the appellants to undo this vile proceeding were of
no avail, notwithstanding their allegation that the petition whereby Mac-
pherson got possession " proceeded on gross misrepresentations, unpardon-
able freedoms with their characters, and was stuffed with downright false-
hoods."
The Barons of Exchequer appointed Mr Henry Butter their factor on
the estate of Clunie, and in order to make way for Mr Macpherson, who
was to pay the same rent as the appellants, a special warrant was obtained
for ejecting them from their holdings. In 1767, pursuant to this order,
Mr Butter brought an action of removing before the Sherifl of Inver-
ness, against the appellants. This action was, however, dismissed by the
Sherifi' on the ground that Butter had no title to sue. This judgment
was affirmed by the Court of Session, on appeal.
Next year a similar action was raised by Butter against the appellants,
with a like result.
]\Ir Macpherson was still determined to persevere in his scheme, and,
through influence, obtained a third order from the Barons for removing
the appellants, and on this an action was raised in the Court of Session.
In this action the Lord Ordinary (Kennet), on 21st June 1769, after
hearing, pronoimced an interlocutor ordaining the appellants to remove
from their possessions, excepting therefrom, however, Alexander Mac-
donald, wadsetter of Inverwidden, whom he found entitled to remain in
possession of his lands until they were redeemed by the Crown.
In the course of the proceedings various representations were made to
the Court by the appellants, as to the informality and irregularity of certain
steps in the action, but as these have no real bearing upon the case, they
need not be noticed.
On the merits of the case the appellants pleaded — Ist, That IMr But-
ter's title being a commission from the Baions of Exchequer, and pro-
ceeding on the Vesting Act, 20 Geo. II., whereby the estate of Clunie
was said to be vested in His Majesty, and that if the estate was not so
vested, the pursuer's title of course fell to the ground. In support of
thi^ argument the appellants referred to the judgments of the Court of