There having been no regrant, his daughter claimed the Peerage of Oliphant as his heir at law. The Court of Session exercised jurisdiction on claims to Peerages before the Union, and Lady Douglas’s case came before that Court on 11 July 1633, when her claim was opposed by Patrick Oliphant. The Lords of Session found that as her father and his predecessors had held and enjoyed the Dignity, such enjoyment and use, there being no Writ to show an entail, were sufficient to transmit the Lordship title to the heirs female; but that the Procuratory of Resignation, although the King had not conferred the Honour in conformity with it, had denuded Lord Oliphant of the Peerage and had barred all claims to it. (Duries’ Decisions, p. 685.)