The Sun.
London, England, 1812-01-14 00:00:00

COURT OF SESSION FIRST DIVISION.

SIR JAMES !NNW.; KERB BART. AGAINST MAJOR-

GENERAL WALTER KER, OF LITTLEDEAN,

DECENBER• 11, 1811.
.-
TiVS is one of the numerous proceedings which
have taken their rise from tie late well knw.va coin-
petiite, for the honeurs and estates of the duke-
dom of Roxburgh. Prior to the death of the,late
William Duke • of- Roxburgh, Major General Ker
had been served heir male in general of Robert, first
Earl of Roxburgh, who died in 1650, and of his
son Harry Lord Ker, a inch had established his
right U the cbaraetcr of -heir male and chief of the
ancient house of Cessfurd and Roxburgh. In that
charaaer, upon the death of the late Duke in 1805,
be claimed the honours and estates, as the person
next called to the ,uccessioni.under the entail exe-
cuted by the first Earl ; but his claim was resisted,
a.nd Aith ultimate success, by Sir James Norcliffe
Junes, the sole remaining heir-male,. descended of
the body of Lady Margaret Ker, the first Earl's
grand-daughter. Besides pleading a preferable
tight under the entail, Sr James thotight fit
to challenge the title of General Ker, .as heir-
male of the family, and ,brought an action
of reduaion for setting aside his ser-
vices in that character. In this action, little pro-
gress had been made by Sir James till 1809, and,
alter various preliminary steps, be at length pre-
sented.
to the Lord Ordinary in the' cause, a. conde-
scendence or specfication of a satiety of objections
to the pedigree of General Ker., all of which he of-
tered to esiabltsh by proof. To these objections
General Ker made his answers, and the parties '
were directed to prepare pribted memorials on the
'cause, iu order that it might be decided by . the
wok Coirt. This was immediately done by Ge-
neral Ker, who presented to the Court a memorial,
containing a minute and exact deduction of his de-
scent from Walter Ker of Cessfurd, who lived in
the end of the fifteenth century, and who was the
common ancestor of the Kers of Cessfurd or Rox-
burgh and of 'the Kers of Dolphinstone or Little-
skate; and of this descent, as well as of the
eY-
tinction of all the younger cadets of the house of
Roxburgh, he exhibited an unbroken- chain' of evi-
dence, drawn from the atchivea of -the family, and
from the public records in • his, Majesty's General
Register-house. Numerous orders of Court were.
made for -compelling the production of the counter ,
memorial for Sir James Innes Ker, and of the proofs
its sopeott of his alleged objections ; and, that he
mignt u fully aware of the ground which his antao-
oit 11;41 taken, thementoriul for Gen. Ker was com-
municated to his agent. At-the commencement of the
present SAsion .of the Court, Sir James applied for
and obtained, a further delay, for preparing hinte-
l-norial end_ producing iris proof 3. But before that
period had expired, he presented a petition, praying
to be allowed to weitdraw his action of reduaion.
altogether, and thus to put an end to the litigation.
The Court accordingly pronounced an interlocutor,
." allowing the petitioner (Sir Ja,nes Innes Ker), as
be desires to withdraw his action, to do so ;" .but
. they also alatight it no more titan justice expressly
" to assoilzie the defender, General Tiler, and de,-
• cern, and to find him entitled to his expences."