Under the laws in St Kitts it was permissible to commence such an action by substituted service by nailing the writ to the courthouse door.

Whilst the discussion were ongoing, Johnston issued proceedings in St Kitts suing for the debt.

Under the laws of St Kitts it was permitted to serve proceedings on a defendant by way of substituted service by nailing the writ on a post and upon the door of the court.

The Master of the Rolls held that, even though Johnston had made no false representation to anyone, and he had not violated any law of St Kitts, and nor did he owe any contractual obligations to Lord Cranstown, nonetheless he did know that he was going behind Lord Cranstown's back and in doing so was contriving to get the estate for a fraction of its true worth.

He could not question the jurisdiction of the foreign court to deal with land in St Kitts, or the regularity of its proceedings.

However he was satisfied that it was a fraud all the same according to English rules of equity, and that because Johnson was within the jurisdiction of the court he was able to order him to restore the estate upon being repaid the original debt and expenses owed by Lord Cranstoun.