Note 27:2 — Chapter II
Reading edition
Anson, II., 4, 5, 42, 43, 278, 279, 476-80. But a servant of the Crown is not liable on its contracts, for he has made no contract personally, and he cannot be compelled to carry out the contracts of the Crown. Gidley vs. Lord Palmerston, 3 B. & B., 284. The rule that the sovereign cannot be sued has been held to prevent a possessory action against a person wrongfully in the possession of land as agent of the Crown: Doe. d. Legh. vs. Roe., 8 M. & W., 579. It would seem that in such a case the courts might have held that as the King could do no wrong, the wrongful act, and consequently the possession, was not his; in other words, that the agency could not be set up as a defence to the wrongful act. Compare United States vs. Lee, 106 U.S., 196, where land had been illegally seized by the government of the United States.