Date of Decision: 6 Dec 1771
Abstract: Boyd Porterfield, pursuer, claims that he is entitled to the lands of the Porterfield family in Hapland. The male line of the Porterfield family has died out. Boyd Porterfield is the grandson and heir of Alexander Porterfield, who, in turn, is a cousin of Gabriel Porterfield. This case concerns the declaration and obligation with regards to the bond of tailzie by Gabriel Porterfield, in favor of Alexander Porterfield in 1716. Boyd Porterfield claims that he is entitled to the lands based on that tailzie. The three daughters of Gabriel Porterfield, Joanna, Margaret, and Lilias, along with their husbands, challenge Boyd's claim to the lands, enter into possession of their father's estate and argue as a defense, that the deed granted by their father fell under the negative prescription.
Subjects: Prescription, Land, Title Dispute

Published Report

William Morison, The Decisions of the Court of Session (1811), 10698 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 457

Litigants

Pursuer:
Boyd Porterfield, Grandson of Alexander Porterfield and his heir
Defender:
Joanna Porterfield, Daughter of Gabriel Porterfield
Margaret Porterfield, Daughter of Gabriel Porterfield
Lilias Porterfield, Daughter of Gabriel Porterfield

People or Organizations Associated with Case

Advocate for Pursuer:
John Swinton, Lord Swinton
Lord Ordinary:
James Burnett, Lord Monboddo
Named in case documents:
Gabriel Porterfield, Father of Joanna, Margaret and Lilias Porterfield
Alexander Porterfield, Grandfather of Boyd Porterfield