Mrs. Anne Cuninghame v. David Neil

Defender David Neil purchased a house, in feu, from Colonel William Cuninghame of Enterkine. In 1765, Neil extended the house by six feet in the direction of a high road. At the time, he obtained permission from the overseers of highways in Tarbolton parish, on the condition that he widen the road by six feet. In 1772, however, two tutors for Colonel Cuninghame’s heir, also named William Cuninghame, sued Neil over the addition. They claimed that the structure encroached on Cuningham’s property and sought to have it demolished. Neil responded that the area in question was public property.