This case was about the disputed ownership of a small piece of property on Jeffry's Close, Glasgow. In 1763, before pursuer Peter Clark purchased his property on the close, defender James Macgill petitioned the dean of guild for a warrant to enclose the disputed area. James Herbertson, Clark’s predecessor, failed to mount a challenge. However, by the time Macgill was ready to start work on the project, Clark had purchased Herbertson’s former property, which he understood to include the area proposed for enclosure. Clark complained to the dean of guild that the enclosure would be an encroachment. The dean-of-guild court ruled for Macgill, finding that the matter had been decided in the earlier proceeding, and Clark sought review. Case documents name numerous property owners and tenants in The Bridgegate (or Goosedubs) area of Glasgow.
Documents in this case (6)
- Clark v. Macgill — Petition, 2 Mar 1773March 2, 1773 Petition of Peter Clark asking the Court to alter the Lord Ordinary's interlocutor, which assoilzied the defender from a claim to a piece of ground he incroached upon
- Peter Clark v. James M'Gill — Answers, 24 Apr 1773April 24, 1773 Answers by James M'Gill to the petition of Peter Clark, asserting that the petitioner has no right to the waste ground in question, as his own title excludes it and the respondent's rights encompass it.
- Clark v. Macgill — Petition, 30 Jun 1773June 30, 1773 Petition of Peter Clark asking the Court to alter its interlocutor permitting James Macgill to inclose ground adjacent to his dwelling-house
- Peter Clark v. James M'Gill — Answers, 20 Jul 1773July 20, 1773 Answers by James M'Gill Hammerman in Glasgow to the petition of Peter Clark Indweller there, responding to the pursuer's claim to a piece of waste ground adjacent to his property.
- Clark v. Macgill — Petition, 16 Dec 1773December 16, 1773 Petition of Peter Clark asking the Court to vary its recent interlocutor against the defender James Macgill
- Peter Clark v. James M'Gill — Answers, 20 Jan 1774January 20, 1774 Answers by James M'Gill Hammerman in Glasgow to the petition of Peter Clark Indweller there, responding to claims of ownership over a disputed piece of waste ground.
People & places in this case
People involved
- Peter Clark — Pursuer
- James Macgill — Defender
- Alexander Wight — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- James Veitch, Lord Elliock — Lord Ordinary
- James Herbertson — Named in case documents
- John Herbertson — Named in case documents
- David Gibson — Named in case documents
- Andrew Reid — Named in case documents
- William Russel — Named in case documents
- Peter Fleming — Named in case documents
- John Fergus — Named in case documents
- John Barton — Named in case documents
- Robert Cumming — Named in case documents
- John Gray — Named in case documents
- Cornelius Tod — Named in case documents
- Daniel Macewan — Named in case documents
- William Mackinlay — Named in case documents
- John Wright — Named in case documents
- Elizabeth Caldwall — Named in case documents
