# Manx Primary Source Archive — Transcription

**Source image:** `20260219_105746.jpg`  
**Transcribed:** 2026-02-25 20:32  
**Method:** Automated (Claude Batch API — claude-opus-4-6)

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3 As the Dutchefs has struck her Name out as a Plaintiff I think it would be right
that the Duke should make her a Def^t in order to establish without Controversy his own
right to maintain the Suit in his own Name upon the Deed of Restriction executed by her.

4 As the great Ground of the Defence upon the Merits turns upon the [obscured]
Premises not being Demesne Lands but Customary Estates of Inheritance It might be [obscured]
right to set out in the Bill the Particular Circumstances of their Tenure

III^tio. As to the Merits

The Gravamen and Groundwork of the Claim is that these being Demesne Lands
the Grantor co^d bond none but himself & that the Deed cou^d not bind his Heirs & Successors, &
Independent of the Objections stated in the Answers there are other Objections which also
deserve Consideration. Viz^t Whether such a Grant as that in Question of Lands of such a
Tenure as the Bill sets forth be in itself void or only voidable. If void, no subsequent
Act of any Heir can establish the Grant. But I have not sufficient Information before me
relative to the Nature of Conveyances in the Isle of Man to enable me to form a proper
Judgment on this Point. If the Grant be only voidable it is capable of Confirmation &
Acquiescence in the Deed of the Grantor by the first Remainder Man in Fee will bind all
the Successors. This Acquiescence has taken place. Therefore upon the Ground of the
Grant being only Voidable and not void the Dukes Right is Barred. The Inclination
of Judges is against an Act being void and in favour of its being voidable. It will
therefore require very strong Evidence of the Tenure of the Lands being incompatible
with the Grant to sustain the Duke's Claim.

The first Objection stated to the Claim in the Answers is that the Lands in
Question are Customary Estates of Inheritance. The Evidence in M^r Heywoods
Remarks do not amount to an Absolute Proof that they are not so, either as to
Hango Hill or Ballagilley. And as to the former it seems rather conceded on that
it is a Customary Estate of Inheritance

The second Objection on the Merits is that the Statue of Limitations has
run against the Duke both by the Law of the Island and the Statute of for the [?]
As to the former, Both from what is stated in the Remarks and from the Circumstance
of the Duke and his Ancestors having been Sovereigns of the Island of the [?] I
am of Opinion that he is not barred by the Law of Limitation there. As to the latter
The 21^st n of James cannot affect the Isle of Man for no Act extended to it
but where it is specially named. Therefore altho the Subject Matter may be of
Exchequer Jurisdiction as representing the Court of Augmentations, that Court must
Judge by the Manxe Law and not by the Law of England

Upon the whole this is a Matter of very Nice and Difficult discussion
in which there are no Lights of positive Law and where the way is to be
found almost intirely through the Medium of Analogy. I do not discover