Date of Decision: 27 May 1800
Abstract: Elizabeth Rocheid executed a strict entail of her one-half share of Inverleith and Darnchester. She conveyed the rest of her estate to the heirs of entail, conditioned on their paying Elizabeth’s debts and legacies, and using any surplus to purchase and entail the remainder of Inverleith and Darnchester. Alexander Kinloch, the institute, and James Rocheid, his son (represented by tutors), paid Elizabeth's debts and legacies, but they did not purchase the lands specified in Elizabeth’s deed. The next substitutes brought an action against James, seeking an accounting and enforcement of the deed. James responded that because Elizabeth had died more than forty years earlier, the action was barred by the negative prescription. Case documents refer to additional family members and other individuals. They also describe transactions relating to the creation of the South Bridge.
Subjects: Prescription

Published Report

William Morison, The Decisions of the Court of Session (1811), 8

People or Organizations Associated with Case

Named in case documents:
Sir David Dalrymple, of Hailes, Baronet
Sir James Dalrymple, of Hailes, Baronet
Mary Rocheid
Sir Francis Kinloch, of Gilmerton, Baronet
Sir David Kinloch, of Gilmerton, Baronet, Tutor and curator to the children of Alexander Rocheid
Alexander Kinloch, Institute of entail
Jane Watson
Elizabeth Rocheid, Entailer
Sir Francis Kinloch, of Gilmerton, Baronet
Alexander Hamilton, Esq., of Pencaitland, Tutor and curator to the children of Alexander Rocheid
James Rocheid, of Inverleith
Sir James Rocheid, of Inverleith, Baronet
David Anderson, Tutor and curator to the children of Alexander Rocheid
Magdalen Rocheid
Mr. Cathcart, of Carbieston
James Cathcart, Colonel
Janet Rocheid
Lord Ordinary:
Lord Stonefield
Agent:
J. Bremner
Charles Innes, W.S.
Clerk:
H. Clk.
Advocate for Pursuer:
David Monypenny
Charles Hope
Advocate for Defender:
Henry Erskine
Trustee/Tutor/Representative for Pursuer:
James Cathcart, of Carbieston
Alexander Hume, Esq., Tutor and curator to the children of Alexander Rocheid
Trustees of the South Bridge

Case Locations (People)

Case Locations (Case)

Case Documents