In 1756, upon the judicial sale of the late James Naesmith's property, the Earl of Selkirk agreed not to bid against Naesmith's son, Robert, for the estate of Glenley. This was in exchange for future right of first offer. In 1762, Robert Naesmith expressed his intention to sell Glenley. For the next ten years Selkirk periodically lent Naesmith money that was understood to be deducted from the final price of Glenley. In 1772, shortly after Naesmith and Selkirk agreed upon two arbiters to decide on a price for Glenley, Naesmith died with his affairs in disorder. Robert Naesmith's son, Robert, brought his father's lands to a judicial sale, but a few days before it was to take place, Selkirk petitioned the Court to have Glenley struck from it. He argued that he and Robert Naesmith's had completed a bargain. Robert Naesmith, James Naesmith (brother to the late Naesmith), and other creditors of the late Robert Naesmith, then petitioned the Court to refuse this request. After the Court ruled in favor of Selkirk, James Naesmith petitioned the Court to strike an Edinburgh dwelling-house, of which he claimed to be the rightful owner, from the sale. The Court ruled in his favor. Other creditors of Naesmith and Selkirk then asked the Court to adjudicate on various issues related to the final price of Glenley.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 627, , pg. 14158
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 780

Locations

Session Papers

Petition

Unto The Right Honourable The Lords Of Council And Session, the Petition of Dunbar Earl of Selkirk

5 Feb 1776
Replies

Replies for The Earl of Selkirk, Petitioner, to the Answers for Robert Naesmyth, eldest Son and apparent heir of Robert Naesmyth late Collector of his Majesty's Customs in Kirkcudbright

9 Feb 1776
Memorial

Memorial for Doctor James Naesmith Physician in Jamaica, and John Russell Clerk to the Signet, his Attorney

5 Aug 1777
Memorial

Memorial for Dunbar Earl of Selkirk ; against Robert Nasmith, eldest Son of Robert Nasmith, late Stewart-substitute of Kirkcudbright ; Dr James Nasmith Physician in Jamaica, and John Russel, Clerk to the Signet, his Attorney

24 Sep 1777
Petition

Unto The Right Honourable, The Lords of Council and Session, the Petition of John Ewart, factor on the sequestrate estate of Robert Naesmith, for behoof of his whole creditors

29 Jan 1778
Petition

Unto The Right Honourable, The Lords of Council and Session, the Petition of Dr James Naesmith, Physician in Jamaica, and John Russell, Clerk to the Signet, his Attorney

3 Feb 1778
Memorial

Memorial for the Creditors of the deceast Robert Naesmith, late Comptroller of the Customs at Kirkcudbright ; against The Right Hon. Dunbar Earl of Selkirk

17 Apr 1779
Memorial

Memorial for Dunbar, Earl of Selkirk, Pursuer ; against The Creditors of the deceased Robert Naesmith, late Comptroller of the Customs of Kirkcudbright, Defenders

12 Jun 1779
Petition

Unto The Right Honourable The Lords of Council and Session, the Petition of Dunbar Earl of Selkirk

30 Nov 1779
Answers

Answers for William Paterson of Dunjop, Esq; Miss Agnes Boyd, daughter of Boyd in ; Mess. Lennox and M'Whannel, merchants in Kirkcudbright ; David Haliday, merchant there ; Robert Rae, writer there ; James Veitch of Elliock, Esq; one of the Senators of the College of Justice ; Christian Naesmith, daughter of the deceast James Naesmith of Earls-haugh ; and John Russell, Clerk to the Signet ; all Creditors of the deceast Robert Naesmith, late collector of his Majesty's customs at the port of Kirkcudbright, son of the said James Naesmith of Earls-haugh, who have produced interests in the sale and ranking, at the instance of the said Robert Naesmith, son and heir apparent, against his father's Creditors ; to the Petition of Dunbar Earl of Selkirk

30 Dec 1779
Answers

Answers for Robert Naesmith, eldest son and apparent heir of Robert Naesmith late Collector of his Majesty's Customs in Kirkcudbright, to The Petition of Dunbar Earl of Selkirk

13 Feb 1776

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