Memorial as to the Ruthven peerage

22
In the event of the Case being brought before the House of Lords, at any
future period, by any person who might be so misled by the specious objections
of the learned author before alluded to, as to adopt them, it is thought that this
would be the view taken of the Case by that tribunal, as being, to use the
words of Lord Hardwicke, in the Cassillis Case, " the most probable ground " of
explanation of the descent of the title.
Lord Mansfield held the long possession of 250 years as conclusive in
favour of the heir general in the Sutherland Case. With such evidence his
Lordship appears to have held that it was incumbent upon an opposing claimant
to establish that the dignity was limited to heirs male, " for," he said, " there
" might have been a limitation of the honours to heirs male, but no colour of
" evidence has been shown of such limitation."
Such was the force of long possession in that Case, — and equal weight would
doubtless be attached by the House of Lords to the long and uninterrupted
possession in the present Case.
(Signed) W M - FRASER.
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