Date of Decision: 15 Nov 1771
Abstract: William Park of Langlands, pursuer, claims that the lands of Barkip belong to him. Robert Craig Sr., defender, claims that he has the right to possess half of the lands of Barkip based on a heritable bond dating back to 1726. William Park of Mainshill, the pursuer's father, granted a heritable bond to John Hamilton of Auchinvole. This bond apparently stipulated that Park's ancestors would give up the lands of Barkip if the bond was not paid on time. The bond was due in Martinmas 1732. Park claims that the bond was paid in part. He argues that the defenders only have an encumbrance on the lands of Barkip in the form of a debt, and not a right in the lands themselves. Park sets forth a distinction between "termly failzies" (real property obligations) and "ordinary penalties" (personal obligations). Park alleges that the process that put Craig in possession of the lands of Barkip was improper. Lord Montboddo Ordinary found for the defenders. Park now seeks review before the Court of Sessions.
Subjects: Adjudication, Adjudication, Land dispute, Title

Published Report

William Morison, The Decisions of the Court of Session (1811), Ap. 1, No. 6

Litigants

People or Organizations Associated with Case

Advocate for Pursuer:
George Fergusson
Advocate for Defender:
Robert Blair
Lord Ordinary:
Lord Montboddo
Named in case documents:
William Park, Father of petitioner William Park
John Park, Brother of petitioner William Park and eldest son of father William Park

Organizations