Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road.

Locations

Session Papers

Information

Information for John Stewart of Kype, and others, Defenders, Heritors of Kypefrigg, or Long Kypemuir, and of James Stewart of Craigmuir, and others, Proprietors of the ground to the northward of Kypefrigg muir, and lying contiguous thereto; against Joseph Allan of Castlebrockat, and Alexander Morton of Chapel

23 Oct 1771
Information

Information for Joseph Allan of Castlebrocket, and Alexander Morton, of Chappel; pursuers: against John Stewart of Kype, and James Stewart of Craigmuir, and others; defenders

4 Jan 1772
Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of John Stewart of Kype, and others, Heritors of Kypefrigg, or Long Kypemuir, and of James Stewart of Craigmuir, and others, Proprietors of the ground to the northward of Kypefriggmuir, and lying contiguous thereto

18 Jun 1772
Memorial

Memorial for Joseph Allan of Castlebrocket, and Alexander Morton of Chapel, Pursuers, against John Stewart of Kype, and James Stewart of Craigmuir, and others, Defenders

16 Feb 1773
Memorial

Memorial for John Stewart of Kype and others, defenders, heritors of Kypesrigg or Long Kypemuir; and for James Stewart of Craigmuir, and others, proprietors of the grounds to the northward of Kypefrigg-muir, and lying contiguous thereto, against Joseph Allan of Castlebrockat, and Alexander Morton of Chappell, pursuers

26 Jan 1773
Petition

Unto the Right Honourable, The Lords of Council and Session, the Petition of Joseph Allan of Castlebrocket, and Alexander Morton of Chapel

29 Jun 1773
Objections

Objections for Joseph Allan of Castlebrocket and Alexander Morton of Chapel, to the Account of Expences given in, in the name of Mr Stewart of Kype, Captain James Lockhart, and other heritors of Kypefrig

3 Aug 1773
Answers

Answers for John Stewart of Kype, and others, Heritors of Kypefrig or Long Kype-muir; to the Objections of Joseph Allan of Castlebrocket, and Alexander Morton of Chapple, Pursuers, to the Defenders Accompt of Expences

2 Aug 1773

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