This was to cherry-pick the form of descent and Lord Mansfield, in the Cassillis case in 1762, and or the Sutherland case in 1771, declared the decision of the Court of Session contrary to law and justice, (Mr. Maidment’s Report of the Cassillis case, p. 51, and of the Sutherland case, p. 9,) and it has been disregarded in all the cases which have come before the House of Lords in which similar questions were raised. See below for "Notes on dignities in the peerage of Scotland which are dormant or which have been forfeited" for a review of this anachronism. The reason for the anomaly was probably political, in that Sir James Douglas (the first Lord Mordington) was brother of the powerful Earl of Angus.