Date of Decision: 20 Jul 1771
Abstract: Jean Macculloch, pursuer, is the eldest daughter of John Macculloch of Barholm, defender. Jean claims that she is entitled to certain property -- the lands of Barholm -- by virtue of a tailzie executed by her great-grandfather in the 1740s. Because of this tailzie, Jean Macculloch maintains, her father John Macculloch cannot alter the rights to the land. John Macculloch and his son, also named John, want to sell the land to James Dewar of Vogrie, another defender in the case. John Macculloch claims that he can sell the land based on a contract he executed in 1751. Jean Macculloch counters that she was a party to the contract and therefore has a say in how the lands should be distributed.
Subjects: Entail

Published Report

Not Reported

Litigants

Defender:
James Dewar
John Macculloch, Father of Jean Macculloch
John Macculloch, Brother of Jean Macculloch and son of John Macculloch, elder
Pursuer:
Jean Macculloch

People or Organizations Associated with Case

Advocate for Defender:
Robert McQueen
Lord Ordinary:
Lord Stonefield
Hew Dalrymple, Lord Drummore
Advocate for Pursuer:
George Wallace

Organizations