The deceased defendant Sir John Home sold land to the pursuer, Thomas Johnston. The contract's terms included a notation that the land was free of all public burdens except those explicitly defined in the contract. Johnston sued Sir John Home's heirs, Sir Alexander Stirling and Sir John Stirling, as entails are still on the property. Johnston argued that he should have been been free of them given the contract's terms.

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Morison, pg. App 1, No 1

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