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.
Documents in this case (4)
People involved
- Alexander Kinloch, Esq. — Pursuer
- Mary Kinloch, Dame — Pursuer
- Sir Thomas Ashe, of Ashfield, Baronet — Pursuer
- Miss Janet Kinloch — Pursuer
- Harriet Kinloch — Pursuer
- Sir Foster Cunliffe, of Acton, Baronet — Pursuer
- James Rocheid, of Inverleith — Defender
- John Campbell, Lord Stonefield — Lord Ordinary
- J. Bremner — Agent
- H. Clk. — Clerk
- David Monypenny, of Pitmilly — Advocate for Pursuer
- Charles Innes, W.S. — Agent
- Henry Erskine — Advocate for Defender
- Charles Hope, Lord Granton — Advocate for Pursuer
- Sir Francis Kinloch, of Gilmerton, Baronet — Named in case documents
- James Rocheid, of Inverleith — Named in case documents
- Sir James Rocheid, of Inverleith, Baronet — Named in case documents
- Magdalen Rocheid — Named in case documents
- Mr. Cathcart, of Carbieston — Named in case documents
- James Cathcart, Colonel — Named in case documents
- Janet Rocheid — Named in case documents
- Sir David Dalrymple, of Hailes, 1st Baronet of Nova Scotia — Named in case documents
- Sir James Dalrymple, of Hailes, 2nd Baronet of Nova Scotia — Named in case documents
- Mary Rocheid — Named in case documents
- Sir Francis Kinloch, of Gilmerton, Baronet — Named in case documents
- Sir David Kinloch, of Gilmerton, Baronet — Named in case documents
- Alexander Kinloch — Named in case documents
- Jane Watson — Named in case documents
- Elizabeth Rocheid — Named in case documents
- James Cathcart, of Carbieston — Trustee/Tutor/Representative for Pursuer
- Alexander Hamilton, Esq., of Pencaitland — Named in case documents
- Alexander Hume, Esq.
- David Anderson — Named in case documents
- Trustees of the South Bridge
Places
- Inverleith House (principal)
- Darnchester (principal)
- Marlin's Wynd (principal)
- Craig's Close (principal)
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.
