Date of Decision: 1802
Abstract: William M'Whinnie had claimed to be enrolled in the roll of freeholders of Kirkcudbright, and had presented documents to support his ownership of the estate of Dunjarg in the stewartry of Kirkcudbright. At the meeting of the Kirkcudbright freeholders, Major-General thomas Goldie objected to M'Whinnie's enrollment, arguing that there was no evidence that the lands of Dunjarg were a five-merk land of old extent, and also that the title Mr. M'Whinnie claimed was nominal and fictitious due to the fact that the name of the estate was spelled differently in the older documents. Due to an indisposition, Mr. M'Whinnie was not at the meeting, and could not answer the accusations. Major-General Goldie believed that Mr. M'Whinnie was not in ill health, but had missed the meeting intentionally to avoid interrogation. The freeholders decided against enrolling him due to his absence, and Mr. M'Whinnie then took the case to the Lords of Council and Session, including written answers to the freeholders' questions. In his reply to the petition, Major-General Goldie requested that the Court ordain Mr. M'Whinnie to undergo oral examination and answer the interrogatory accusations in person as to the integrity of his claim upon the Dunjarg estate, because he believed that Mr. M'Whinnie had commissioned others to draft his responses for him.
Subjects: Estate, Freeholder, Property

Published Report

Not Reported

Litigants

People or Organizations Associated with Case

Clerk:
A. Young, W.S.
M. Clk.
Advocate for Pursuer:
Mat. Ross
Ja. Fergusson
Advocate for Defender:
David Williamson

Organizations