Date of Decision: 1759
Abstract: As proprietors of land in Orkney, the pursuers owed defender James, Earl of Morton, annual feu duties that were generally paid in products such as grain, oil, and butter. These duties were measured in the weight units customarily used in Orkney and Shetland, including the Mark, the Lispund, the Meil, and the Last. The pursuers alleged that these units had increased from their original standards and should be adjusted to match their values in Norway, where they originated. Case documents include diagrams of weighing instruments, numerous depositions, and references to many individuals (including some not listed below).
Subjects: Feu duties

Published Report

Not Reported

People or Organizations Associated with Case

Advocate for Pursuer:
David Rae
Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia
Thomas Miller
Alexander Lockhart, Lord Covington
Named in case documents:
George Hay, Earl of Kinnoull, Grantee of affected lands
Thomas Foubister, Former assayer
Arthur Balkie
Robert Baikie, of Tankerness, Former justice of the peace
William Douglas, Earl of Morton, Grantee of affected lands
Peter Traill Sr., Deponent
Captain Robert Irving, Clerk and collector
Robert Honeyman, of Graemsay, Former justice of the peace
George Villiers, Viscount Grandison, Grantee of affected lands
Sir James Stewart, of Burray, Past litigant
Patrick Mowat, Son of George Mowat
John Hay, of Balbithan, Former chamberlain
Sir John Nisbet, of Dirleton, Lord Dirleton, King's Advocate
James Mackenzie, Former servant of defender
Mr. Thomas Giffard, of Busta, Farmer of the parishes of Delting and Northmaven
John Riddoch, Former steward-clerk
Sir Andrew Dick, Holder of subaltern wadset
Dr. George Graham, Bishop of Orkney
William Spence, Former town clerk of Kirkwall
William Brown, Trustee
William Dick, Tacksman of Orkney and Shetland
Robert Maclellan, Chamberlain of Orkney
James Douglas, Earl of Morton
George Scott, Tacksman of Orkney and Shetland
Henry Legat, Chamberlain of Orkney
James Douglas, Earl of Morton, Grantee of affected lands
Alexander Brand, Tacksman of Orkney and Shetland
George Robertson, Accountant
James Stewart, Earl of Moray, Grantee of affected lands
Robert Douglas, Earl of Morton, Grantee of affected lands
Samuel Maclellan, Tacksman of Orkney and Shetland
Mr. James Isaacson, Chamberlain
Robert Stewart, Earl of Orkney, Grantee of affected lands
Colonel Robert Elphinstone, of Lopness, Steward and Farmer
William Tait, Former assayer
Sir Alexander Douglas, of Eglesay, Former justice of the peace
James Hepburn, Earl of Bothwell, Grantee of affected lands
Thomas Aitken, Assayer
George Craigie, Former assayer
James Graham, of Graemehall, Former justice of the peace
Sir John Maitland, of Thirlestane, Grantee of affected lands
Donald Groat, of Newhall, Counsellor, Magistrate, and Dean of Guild of Kirkwall
Andrew Young, Surveyor of the customs
Captain James Moodie, of Melsetter, Former justice of the peace
Sir Lewis Bellenden, of Auchnoll, Grantee of affected lands
Andrew Ross, Sheriff and Steward
Patrick Blair, of Little Blair, Sheriff depute of Orkney and Shetland
William Liddel, of Hamar, Former justice of the peace
Patrick Stewart, Earl of Orkney, Grantee of affected lands
George Traill, of Hobbister, Former Chamberlain to the Earl of Morton
George Mowat, Former assayer
John Covingtree, of Eynhallow, Former justice of the peace
James Stewart, of Killeith, Lord Ochiltree, Farmer-general
Patrick Traill, Former baillie of Kirkwall
William Douglas, Earl of Morton
Sir William Craigie, of Gairsay, Former steward and justiciary depute of Orkney; former justice of the peace
Sir John Buchanan, of Scotscraig, Farmer-general
Henry Watson, Former governor
William Douglas, Chamberlain of Orkney
Robert Stewart, of Newark, Former justice of the peace
Advocate for Defender:
Andrew Pringle, Lord Alemoor
William Johnston
Francis Garden, Lord Gardenstone
Lord Robert Dundas, of Arniston
Lord Ordinary:
Patrick Grant, Lord Elchies

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