brown case the commissioner and trustee OF the forfeit estate appellant  majorgeneral gordon respondent February where by a act of attainder it be  enact that if majorgeneral Thomas g Laird of a shall not surrender by a  certain day he shall stand attain the name of the major general g who be  indeed Laird of a be Alexander and not Thomas Alexander be not attaint by the  act decree of the court of session in Scotland affirm see foster crown law and  p wms it be remarkable that the report in the latter be incorrect in several  particular though Mr p William be himself counsel for the respondent Alexander  Gordon the respondent be the that of February feoff and thereby become seize  in fee of the land of Auchintoule and other in the shire of Bamf in Scotland  and have ever since continue seize and in the possession thereof one Peter  Gordon be the that of November seize in fee of the land of leather and other  lie in the shire or county of Aberdeen and Bamf and also be the that of  November seize in fee of the land of Thomas town and Smallburn in trust for  the respondent who have ever since continue in possession thereof and receive  the rend and profit of the same by a act Geo saint cap entitle a act for the  attainder of George earl of marischall and other it be enact that if among  other majorgeneral Thomas Gordon Laird of Auchintoule shall not render himself  to on of be majesty justice of the peace on or before the last day of June he  shall stand attaint of high treason from the that of November by another act  in the same year cap entitle a act appoint commissioner to inquire of the  estate of certain traitor etcetera all land tenement etcetera whereof any  person attaint be seize possess of or interest in on the that of June be vest  in his majesty for the use of the public and afterward by a act of the four  year of his say majesty reign Geo cap entitle a act for vest the forfeit  estate in trustee etcetera be vest in the commissioner the appellant to be  sell for the use of the public the appellant do seize and survey the say land  of Auchintoule and other above mention belong to the respondent under colour  that the respondent Alexander Gordon of Auchintoule be mean to be attaint by  the attainder of major general Thomas Gordon Laird of Auchintoule brown the  respondent do in pursuance of the act Geo cap entitle a act for enlarge the  time for determine claim upon the forfeit estate present exception against the  say survey or seizure to the lord of council and session in Scotland set forth  his title to the premise in question and that majorgeneral Thomas Gordon nor  any other attaint person be seize of the say premise the say that of June and  therefore pray the say estate may be decree to he the appellant put in their  answer set forth that majorgeneral Gordon Laird of Auchintoule be attaint by  the aforesaid act who be the respondent and that although there may be a error  as to the name of Thomas in place of Alexander yet the other addition of  majorgeneral and Laird of Auchintoule do sufficient describe the respondent to  be the person by that act attaint and can be apply brown er p to any other  person alive but to he and that the misnomer in such a case where the person  be otherways full describe can make void a act of attainder in parliament this  cause come to be hear before the lord of session their lordship pronounce the  follow interlocutor or decree the respondent majorgeneral Alexander Gordon of  Auchintoule be seize and possess of the land of Auchintoule and other in the  exception mention in his own right and that the say major general Alexander  Gordon of Auchintoule do not stand attaint by the say act attain George earl  of marischall etcetera and that majorgeneral Thomas Gordon of Auchintoule  mention in the say act of attainder be not seize or possess of or interest in  or entitle unto the say estate of majorgeneral Alexander Gordon in his own  right or to his own use or any other person in trust for he on the that of  June or at any time since and that the public by the attainder of majorgeneral  Thomas Gordon have no right or interest in the say estate of majorgeneral  Alexander Gordon of Auchintoule and therefore sustain the exception resend for  the say majorgeneral Alexander p Gordon and decern and declare accord against  this decree the appellant bring their petition and appeal pray dundas t Bootle  that the same may be reverse for these reason that though by the say act of  attainder majorgeneral Thomas Gordon stand attaint yet the respondent though  his name be Alexander be the person intend to be attaint for the addition of  Gordon of Auchintoule sufficient denote the respondent be intend and the  mistake in the Christian name be not of moment where the person be otherwise  sufficient describe and have the respondent be design in the say act Gordon  Laird of Auchintoule no doubt he will thereby have be attaint the addition of  the Christian name be unnecessary and utile pro inutile non to make faulty to  this the respondent answer W p William W Hamilton brown I that it be plain by  the act of attainder mention that Thomas Gordon Laird of Auchintoule and not  Alexander be attaint that it do not concern the respondent to show there be  then one Thomas Gordon Laird of Auchintoule who may be by that act attaint and  since Thomas Gordon be attaint it seem impossible for any court to transfer  the attainder of Thomas to this respondent who name be Alexander without  reverse the attainder of Thomas and in place of he attaint Alexander which  will be a reverse the attainder of one man without a writ of error or any  legal proceed and attaint another man without a bill of indictment or any  other form by law require and since that act proceed only to attaint person as  a penalty for their not appear at a day by the act limit how can this  respondent think himself concern to appear in obedience to that act where he  do not find his name mention but a quite different man and no question but  such a misnomer must be look upon as a sufficient reason upon a writ of error  for reverse a outlawry two that whatsoever may be say in case the Christian  name have be omit and Gordon of Auchintoule attaint that can concern this case  because there the difficulty may be whether the person be sufficient describe  without mention the Christian name but that be not the case where the  Christian name be add for then the designation be full and if it be mistake  denote a personas different from the respondent as thereby describe as Thomas  be from Alexander and there the mistake can be rectify by allege quod constat  de mask because such allegation be direct contrary to the act of attainder and  by the same reason Alexander may be execute upon a judgement against Thomas  and consequent one man may lose life estate and honour by a prosecution carry  on against a person to he unknown to the second objection of the appellant  that by the act Geo cap all conviction outlawry attainder make since the that  of June and before the saint of June not reverse or for reverse whereof no  writ of error bath be or shall be allow before the that of June shall be  sufficient and effectual in law for ever and no judgement or any writ of error  or plea shall any way operate to the prejudice or to the invalidate of such  conviction outlawry and attainder and no writ of error shall be admit upon the  same and consequent that brown er p the respondent be not at liberty to plead  this error in bar of the say act of attainder it be answer for the respondent  that this act relate only to conviction outlawry or attainder by the commonlaw  and in the commonlaw court against which writ of error may be bring and not  attainder by act of parliament for no writ of error can lie against such  attainder but suppose it do the only consequence will be to render the  attainder brown irreversible but then that must be against the person attaint  which be Thomas Gordon and not the respondent who do not bear that name and  who be not by that act attaint and unless that be the case the argument can be  of no use to the appellant the respondent conclude by say that in case Thomas  Gordon have be attaint by verdict on a indictment or by outlawry Alexander  Gordon can have bring no writ of error to reverse it nor need he do so in  respect to himself for he have not be thereby attaint after hear counsel the  opinion of all the judge be require on the question whether if majorgeneral  Alexander Gordon Laird of Auchintoule have be bring to the king bench bar and  execution pray against he the court will have award execution the judge be of  opinion that the say court can not award execution against Alexander because  in award execution they must pursue the act of parliament on which the  judgement be find the decree of the court of session be accord confirm