1774Res judicataTitle Dispute

This case was about the disputed ownership of a small piece of property on Jeffry's Close, Glasgow. In 1763, before pursuer Peter Clark purchased his property on the close, defender James Macgill petitioned the dean of guild for a warrant to enclose the disputed area. James Herbertson, Clark’s predecessor, failed to mount a challenge. However, by the time Macgill was ready to start work on the project, Clark had purchased Herbertson’s former property, which he understood to include the area proposed for enclosure. Clark complained to the dean of guild that the enclosure would be an encroachment. The dean-of-guild court ruled for Macgill, finding that the matter had been decided in the earlier proceeding, and Clark sought review. Case documents name numerous property owners and tenants in The Bridgegate (or Goosedubs) area of Glasgow.

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This case was about the disputed ownership of a small piece of property on Jeffry's Close, Glasgow. In 1763, before pursuer Peter Clark purchased his property on the close, defender James Macgill petitioned the dean of guild for a warrant to enclose the disputed area. James Herbertson, Clark’s predecessor, failed to mount a challenge. However, by the time Macgill was ready to start work on the project, Clark had purchased Herbertson’s former property, which he understood to include the area proposed for enclosure. Clark complained to the dean of guild that the enclosure would be an encroachment. The dean-of-guild court ruled for Macgill, finding that the matter had been decided in the earlier proceeding, and Clark sought review. Case documents name numerous property owners and tenants in The Bridgegate (or Goosedubs) area of Glasgow.

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