1802
At a meeting of the freeholders of Stirlingshire, Robert Hill claimed to be enrolled upon the lands of Western Glenboig. He produced two extracts of retours which he claimed proved his title. Harry Davidson, one of the freeholders, objected to Hill's enrollment, arguing that Hill’s retours were insufficient. The Court found that the 16th Act of George II required an old extent of lands to be established by a retour, but that this could be done by one or more retours, and that, accordingly, a freeholder who produced two separate retours of two parcels of land had a right to be enrolled (Morison's Decisions of the Court of Session).
Documents in this case (6)
- Petition and Complaint — & Com: H. Davidson, W. S. against the HonPetitioner challenges the validity of Captain Elphinstone’s freeholder inrolling based on defective titles and lack of authority to act on his behalf.
- Vol-214--1802 unsorted seg044, 1798Replies by Harry Davidson, Writer to the Signet, to the Answers for Robert Hill, Writer to the Signet, arguing that the respondent's evidence fails to meet the statutory requirement of a separate retour prior to 1681.
- Harry Davidson v. Robert Hill — Duplies, 10 Mar 1802Respondent proves Glenboig Mackewen’s five merk extent by subtracting known parts from a ten merk land retour, countering complainer’s objection to indirect proof via collateral retours.
- Petition — Harry Davidson, W. S. against Inner-House InterlocutorPetition of Harry Davidson, Writer to the Signet, asking the Court to alter its recent interlocutor against the inrolment of Mr Robert Hill, Writer to the Signet, in the freeholders' roll of Stirling.
- Harry Davidson v. Robert Hill — Answers, 10 Jun 1802Robert Hill defends his freeholder status by citing historical retours proving his land extent, countering Davidson’s claim of insufficient evidence.
People & places in this case
People involved
- Harry Davidson, W.S. — Pursuer
- Archibald Campbell Jr., Lord Succoth, 2nd Baronet of Succoth — Advocate for Pursuer
- Ninian Hill — Agent
- M. Clk. — Clerk
- Alexander Abercromby, W.S.
- Robert Hill, W.S.
Places
- Stirlingshire (principal)
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 8597
