Robert Hill, as the agent of the Honourable Charles Elphinstone, Captain of the Royal Navy, claimed property rights of Eastern Glenboig, otherwise known as Endboig, with the mill, mill-lands, and other land (County of Stirling). The Title-deeds (Detour) and other records related to the case were submitted in order to support the enrollment of C. Elphinstone. Harry Davidson objected, first that the titles were not legal evidence of the old extend, and second, that Hill was not entitled to act in name and on behalf of H. Charles Elphinstone, because he was out of the Kingdom and there was no special mandate granted to Hill for such purposes. Taking into consideration the objections, the Lords sustained that H. Charles Elphinstone could not be enrolled as a freeholder (landlord) of the Glenboig.
Documents in this case (7)
- Vol-214--1802 unsorted seg035, 1798Claim by Charles Elphinstone and John Campbell for enrollment as freeholders in Stirling shire based on land titles and 1615 retour, both rejected on procedural and evidentiary grounds but Elphinstone ultimately enrolle…
- Petition and Complaint — & Com: H. Davidson, W. S. against the HonPetitioner challenges the validity of Captain Elphinstone’s freeholder inrolling based on defective titles and lack of authority to act on his behalf.
- Harry Davidson v. Charles Elphinstone — Answers, 11 Feb 1802Honourable Charles Elphinstone defends his inrolling by freeholders, asserting it was lawful despite his absence and lack of mandate, as agent-produced titles implied consent.
- Harry Davidson v. Charles Elphinstone — Replies, 3 Mar 1802Davidson replies to Elphinstone's answers, challenging invalidity of claim due to lack of mandate and defective seisin.
- Harry Davidson v. Charles Elphinstone — 15 May 1802Respondent defends enrollment as freeman, asserting absence abroad and lack of mandate don’t bar defense or enrollment under Scots law.
- Petition — Hon. Chas. Elphinstone against Inner-House InterlocutorCharles Elphinstone challenges an interlocutor’s expunging him from the Stirling freeholders’ roll for lacking a mandate, asserting his title and enrolment were valid despite his absence from Scotland.
- Charles Elphinstone v. Harry Davidson — Answers, 30 Jun 1802Respondent challenges inrolling of petitioner as freeholder without mandate, arguing claim was invalid as petitioner was abroad and no authority existed.
People & places in this case
People involved
- Harry Davidson, W.S. — Pursuer
- Charles Elphinstone, Captain — Defender
- Robert Hill, W.S. — Agent
