Elizabeth Rocheid executed a strict entail of her one-half share of Inverleith and Darnchester. She conveyed the rest of her estate to the heirs of entail, conditioned on their paying Elizabeth’s debts and legacies, and using any surplus to purchase and entail the remainder of Inverleith and Darnchester. Alexander Kinloch, the institute, and James Rocheid, his son (represented by tutors), paid Elizabeth's debts and legacies, but they did not purchase the lands specified in Elizabeth’s deed. The next substitutes brought an action against James, seeking an accounting and enforcement of the deed. James responded that because Elizabeth had died more than forty years earlier, the action was barred by the negative prescription. Case documents refer to additional family members and other individuals. They also describe transactions relating to the creation of the South Bridge.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 8

Locations

Session Papers

Information

Information for Alexander Kinloch, Esq; youngest Son now in life of the deceased Sir David Kinloch of Gilmerton, Baronet; Dame Mary Kinloch, eldest Daughter of the said Sir David Kinloch, and Spouse of Sir Thomas Ashe of Ashefield, in the County of Meath, in the Kingdom of Ireland, Baronet; and her said Husband for his Interest; Miss Janet Kinloch, Second Daughter of the said Sir David Kinloch; and Dame Harriet Kinloch, youngest Daughter of the said Sir David Kinloch, and Spouse of Sir Foster Cunliffe of Acton, in Denbighshire, Baronet; and her said Husband for his Interest; and their Commissioners after named, Pursuers; against James Rocheid, Esq; of Inverleith, Defender

31 Jan 1799
Information

Information for James Rocheid of Inverleith, Esq; Defender, against Alexander Kinloch, Esq; Youngest Son now in life of the deceased Sir David Kinloch of Gilmerton, Baronet; and the other Substitutes in the Entailed Estate of Inverleith and Darnchester, Pursuers

22 Feb 1799
Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of Alexander Kinloch, Esq; youngest Son now in life of the deceased Sir David Kinloch of Gilmerton, Baronet; Dame Mary Kinloch, eldest Daughter of the said Sir David Kinloch, and Spouse of Sir Thomas Ashe of Ashefield, in the County of Meath, in the Kingdom of Ireland, Baronet, and her said Husband for his interest; Miss Janet Kinloch, second Daughter of the said Sir David Kinloch; and Dame Harriet Kinloch, youngest Daughter of the said Sir David Kinloch, and Spouse of Sir Foster Cunliffe of Acton in Denbighshire, Baronet, and her said Husband for his interest; and their Commissioners

17 Jan 1800
Petition

Unto the Right Honourable The Lords of Council and Session, the Petition of James Rocheid of Inverleith, Esq

17 Jan 1800

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