Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road.
Documents in this case (8)
- Stewart — Information, 23 Oct 1771 (Box 2)
- Information 1772
- Stewart — Petition, 18 Jun 1772 (Box 2)
- Stewart — Memorial, 26 Jan 1773 (Box 2)
- Joseph Allan of Castlebrocket and Alexander Morton of Chapel v. John Stewart of Kype and James Stewart of Craigmuir — Memorial, 16 Feb 1773
- Allan — Petition, 29 Jun 1773 (Box 2)
- Stewart — Answers, 2 Aug 1773 (Box 2)
- Allan — Objections, 3 Aug 1773 (Box 2)
People involved
- Joseph Allan, of Castlebrockat — Pursuer
- Alexander Morton, of Chapel — Pursuer
- John Stewart, of Kype — Defender
- James Stewart, of Craigmuir — Defender
- Alexander Wight — Advocate for Pursuer
- Adam Rolland, of Gask — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Robert Sinclair — Advocate for Defender
Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road.
