Date of Decision: 15 Dec 1801
Abstract: This case addressed the scope and efficacy of an entail executed by Sir Alexander Stirling (father of defender Sir John Stirling) in relation to property he inherited from Sir John Home of Renton. The inheritance included the lands and barony of Renton, which were held of the Crown, and certain lands held of subject-superiors: Swansfield, Warlawbank, and husband-lands in Renton, all held of Mr. Home of Wedderburn; and Fleshywells, held of the Home family of Coldingham. (More detailed place names are listed in the Appendix to the Petition of Sir John Stirling of Glorat, Baronet, dated January 13, 1801.) Sir Alexander made up feudal titles to the barony of Renton, but not to the lands held of subject-superiors. He also executed a deed of entail, the scope of which was disputed, along with a companion trust-deed. Sir John Stirling subsequently succeeded his father and made up titles to the lands held by subject-superiors, claiming as “nearest and lawful heir to Sir John Home.” After questions were raised about Sir Alexander’s entail, the heirs brought this action to resolve the legal status of the lands in question.
Subjects: Tailzie

Published Report

William Morison, The Decisions of the Court of Session (1811), 15455

Litigants

Pursuer:
Robert Rennie, Reverend, Son-in-law of Defender
Alexander Home Stirling, Son of Defender
James Stirling, Son of Defender
Samuel Stirling, Son of Defender
George Stirling, Son of Defender
John Stirling, Son of Defender
William Stirling, Son of Defender
Robert Stirling, Son of Defender
Joseph Stirling, Son of Defender
Barbara Stirling, Daughter of Defender
Defender:
Sir John Stirling

People or Organizations Associated with Case

Case Locations (People)

Case Locations (Case)