Earl of Stirling v Clayton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1832 |
| Date | 01 January 1832 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 390
EXCH. OF PLEAS.
S. C. 3 Tyr. 154; 2 L. J. Ex. 43.
[241] earl of stirling y. clayton. Exch. of Pleas. 183:2.-The plaintiff declared as Earl of S. ; the defendant pleaded in abatement that the plaintiff was not Earl of S. :-Held, that the plaintiff, in his replication, was bound to shew how he claimed the dignity. [S. C. 3 Tyr. 154 ; 2 L. J. Ex. 43.] The plaintiff declared, as the Right Honourable Alexander, Earl of Stirling, against the defendant for a libel. The second count of the declaration, after the general inducement of previous good fame, averred, that before and at the time of the committing of the several grievances by the defendant, the said plaintiff was and still is Earl of Stirling, as aforesaid, and was and is rightly entitled to create baronets of Nova Scotia, and was and is entitled to make grants of certain lands in Canada, to wit, at &o. Nevertheless, the defendant, well knowing, &c., but contriving and intending to injure, &c., and to cause it to be suspected and believed that the plaintiff' was not Earl of Stirling, and was not entitled to make baronets of Nova Scotia, and to make grants of lands in Canada, theretofore, to wit, on &c., at &c., falaely und maliciously did compose and procure to be published, of and concerning the plaintiff', and of and concerning his being Earl of Stirling, as aforesaid, and of and concerning his being entitled to create baronets of Nova Scotia, as aforesaid, and to make grants of lands in Canada, a certain false, scandalous, malicious, and defamatory libel, containing, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning the plaintiff', and of and concerning his being Earl of Stirling, and of and concerning his being entitled to make baronets of Nova Scotia, and to make grants of lands in Canada, as aforesaid, that is to say- "Lord Rosebery has obtained a committee for regulating the right of voting at the election of Scotch Peers. It was, indeed, time that the house should take notice of some recent proceedings respecting Scotch titles, as the following facts will prove. A certain gentleman, of the name of Bankes, has persuaded himself, and endeavoured to persuade the public, that one Mr. [242] Humphreys (meaning the said plaintiff), a ci-devant schoolmaster who has assumed the name of Alexander, is legally Earl of Stirling (thereby, then and there, meaning the said...
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