15 Dec 1801

This case addressed the scope and efficacy of an entail executed by Sir Alexander Stirling (father of defender Sir John Stirling) in relation to property he inherited from Sir John Home of Renton. The inheritance included the lands and barony of Renton, which were held of the Crown, and certain lands held of subject-superiors: Swansfield, Warlawbank, and husband-lands in Renton, all held of Mr. Home of Wedderburn; and Fleshywells, held of the Home family of Coldingham. (More detailed place names are listed in the Appendix to the Petition of Sir John Stirling of Glorat, Baronet, dated January 13, 1801.) Sir Alexander made up feudal titles to the barony of Renton, but not to the lands held of subject-superiors. He also executed a deed of entail, the scope of which was disputed, along with a companion trust-deed. Sir John Stirling subsequently succeeded his father and made up titles to the lands held by subject-superiors, claiming as “nearest and lawful heir to Sir John Home.” After questions were raised about Sir Alexander’s entail, the heirs brought this action to resolve the legal status of the lands in question.

Documents in this case (4)

People involved

Places

This case addressed the scope and efficacy of an entail executed by Sir Alexander Stirling (father of defender Sir John Stirling) in relation to property he inherited from Sir John Home of Renton. The inheritance included the lands and barony of Renton, which were held of the Crown, and certain lands held of subject-superiors: Swansfield, Warlawbank, and husband-lands in Renton, all held of Mr. Home of Wedderburn; and Fleshywells, held of the Home family of Coldingham. (More detailed place names are listed in the Appendix to the Petition of Sir John Stirling of Glorat, Baronet, dated January 13, 1801.) Sir Alexander made up feudal titles to the barony of Renton, but not to the lands held of subject-superiors. He also executed a deed of entail, the scope of which was disputed, along with a companion trust-deed. Sir John Stirling subsequently succeeded his father and made up titles to the lands held by subject-superiors, claiming as “nearest and lawful heir to Sir John Home.” After questions were raised about Sir Alexander’s entail, the heirs brought this action to resolve the legal status of the lands in question.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 15455
View Report

Locations

Session Papers

Information

Information for Sir John Stirling of Glorat, Baronet; against The Heirs of Entail to the Estate of Renton

 		1 Jul 1800
Information

Information for Mrs Barbara Stirling, Fourth Daughter of Sir John Stirling of Glorat, Baronet, and Spouse of the Reverend Robert Rennie, Minister of the Gospel at Kilsyth, and for the said Mr Robert Rennie, as Administrator-in-law for their Children, and for Alexander Home Stirling, James, Samuel, George, John, William, Robert and Joseph Stirlings, Younger Children of the said Sir John Stirling, and Alexander Grant, Writer to the Signet, Curator ad litem to such of them as are under Age, Pursuers; against Sir John Stirling of Glorat, Baronet, Defender

 		1 Jul 1800
Petition

Unto the Right Honourable The Lords of Council and Session, The Petition of Sir John Stirling of Glorat, Baronet

 		13 Jan 1801
Answers

Answers for Mrs Barbara Stirling, fourth Daughter of Sir John Stirling of Glorat, Baronet, and spouse of the Reverend Robert Rennie, Minister of the Gospel at Kilsyth, and for the said Mr Robert Rennie, as Administrator in law for their Children; and for Alexander Home Stirling, James, Samuel, George, John, William, Robert, and Joseph Stirlings, younger Children of the said Sir John Stirling, and Alexander Grant, Writer to the Signet, Curator ad litem to such of them as are under age, Pursuers; to the Petition of Sir John Stirling of Glorat, Baronet, Defender

 		12 Nov 1801