Thomas MacLellan and Patrick Heron formed a co-partnership according to which MacLellan would make improvements on Heron's farms. In addition, MacLellan was put in possession of a small piece of property called Gelston Wood for his own use. The partnership dissolved in 1772, but MacLellan stayed on in Gelston Wood, where he had been residing and farming. In June 1772, the Old Ayr Bank failed, at great cost to Patrick Heron, a founding partner. Sir Robert Maxwell, a relative of Heron’s, was ruined by the bank failure. He seems to have laid claim to lands held by Heron that had formerly been possessed by the Maxwell family, including Gelston Wood. In 1773 Heron raised a summons against MacLellan, ordaining him to quit Gelston Wood, and accusing him of irritancy by not paying rent. In response, MacLellan pleaded compensation. In February of 1775 Lord Kennet assoilzied MacLellan, and Heron brought a separate process before the Stewart-substitute of Kirkcudbright, who decerned in the removing. MacLellan then presented a bill of suspension to Lord Kennet, who upheld the Stewart-substitute’s ruling, and a second bill presented to Lord Ankerville was refused. MacLellan petitioned the Court for review, but, according to handwritten marginalia, they adhered.

The first two documents in this record constitute the first case between the two litigants, which concluded in 1775. The second set of petitions is a sequel case, which began in 1776.

Locations