In 1708, an Act of Parliament was passed enabling Dorothy Luckyn and James Lockhart to sell some lands the former had inherited. Upon their deaths the money from the sale was held in trust on behalf of their young heir, John Lockhart. Rather than petition the Court of Chancery to remove the tailzie from the trust, Lockhart's trustee, Robina Lockhart, removed the money to Scotland and conveyed it to her pupil upon his coming of age. When John Lockhart died a number of decades later his unentailed estate passed to his wife, Mary. John Lockhart's niece and her husband then brought action against Mary Lockhart and other trust-disponees, claiming the above-mentioned money as heirs of entail. They argued that the money in question still remained entailed under English law. The defenders, on the other hand, argued that the trust-money, having been removed to Scotland and conveyed to Lockhart, was therefore a sum of money belonging to him. Furthermore, they argued that even if there had originally been a case against the trustee's actions, it was no longer viable due to the negative prescription. To support this second argument, the defenders cited the Court's decision on Boyd Porterfield of Porterfield v. Joanna, Margaret, and Lilias Porterfields. The Court of Session determined that the negative prescription had cut out the claim of the substitute heirs, and the House of Lords upheld this decision.
People involved
- Alexander Boswell, Lord Auchinleck — Lord Ordinary
- Henry Dundas, 1st Viscount Melville — Advocate for Pursuer
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Defender
- Lady Robina Crawfurd Pollock, of Pollock — Pursuer
- Sir Hew Crawfurd, of Kilbirnie and Jordanhill, 2nd Baronet of Nova Scotia — Pursuer
- Mrs. Mary Porterfield Lockhart — Defender
- John Lockhart, of Lee — Named in case documents
- Anne Lockhart Pollock — Named in case documents
- Dorothy Lockhart — Named in case documents
- Martha Lockhart
- Robina Lockhart, Countess of Forfar — Named in case documents
- South Sea Company — Named in case documents
- Court of Chancery — Named in case documents
- Dorothy Luckyn — Named in case documents
- James Lockhart — Named in case documents
Places
In 1708, an Act of Parliament was passed enabling Dorothy Luckyn and James Lockhart to sell some lands the former had inherited. Upon their deaths the money from the sale was held in trust on behalf of their young heir, John Lockhart. Rather than petition the Court of Chancery to remove the tailzie from the trust, Lockhart's trustee, Robina Lockhart, removed the money to Scotland and conveyed it to her pupil upon his coming of age. When John Lockhart died a number of decades later his unentailed estate passed to his wife, Mary. John Lockhart's niece and her husband then brought action against Mary Lockhart and other trust-disponees, claiming the above-mentioned money as heirs of entail. They argued that the money in question still remained entailed under English law. The defenders, on the other hand, argued that the trust-money, having been removed to Scotland and conveyed to Lockhart, was therefore a sum of money belonging to him. Furthermore, they argued that even if there had originally been a case against the trustee's actions, it was no longer viable due to the negative prescription. To support this second argument, the defenders cited the Court's decision on Boyd Porterfield of Porterfield v. Joanna, Margaret, and Lilias Porterfields. The Court of Session determined that the negative prescription had cut out the claim of the substitute heirs, and the House of Lords upheld this decision.
