In 1756, upon the judicial sale of the late James Naesmith's property, the Earl of Selkirk agreed not to bid against Naesmith's son, Robert, for the estate of Glenley. This was in exchange for future right of first offer. In 1762, Robert Naesmith expressed his intention to sell Glenley. For the next ten years Selkirk periodically lent Naesmith money that was understood to be deducted from the final price of Glenley. In 1772, shortly after Naesmith and Selkirk agreed upon two arbiters to decide on a price for Glenley, Naesmith died with his affairs in disorder. Robert Naesmith's son, Robert, brought his father's lands to a judicial sale, but a few days before it was to take place, Selkirk petitioned the Court to have Glenley struck from it. He argued that he and Robert Naesmith's had completed a bargain. Robert Naesmith, James Naesmith (brother to the late Naesmith), and other creditors of the late Robert Naesmith, then petitioned the Court to refuse this request. After the Court ruled in favor of Selkirk, James Naesmith petitioned the Court to strike an Edinburgh dwelling-house, of which he claimed to be the rightful owner, from the sale. The Court ruled in his favor. Other creditors of Naesmith and Selkirk then asked the Court to adjudicate on various issues related to the final price of Glenley.
Documents in this case (11)
- Dunbar — Petition, 5 Feb 1776
- Earl of Selkirk v. Robert Naesmyth — Replies, 9 Feb 1776
- Dunbar Earl of Selkirk v. Robert Naesmith — answers, 13 Feb 1778
- Naesmith — Memorial, 5 Aug 1777
- Dunbar Earl of Selkirk v. Robert Nasmith, Dr James Nasmith and John Russel — Memorial, 24 Sep 1777
- Ewart — Petition, 29 Jan 1778
- Naesmith — Petition, 3 Feb 1778
- Creditors of Robert Naesmith v. Dunbar Earl of Selkirk — Memorial, 17 Apr 1779
- Dunbar, Earl of Selkirk v. The Creditors of the deceased Robert Naesmith — Memorial, 12 Jun 1779
- Earl of Selkirk v. Robert Nasmith — Petition, 30 Nov 1779
- Paterson — Answers, 30 Dec 1779
People involved
- Alexander Lockhart, Lord Covington — Lord Ordinary
- Andrew Crosbie, Esq., of Holm — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Dunbar Hamilton Douglas, 4th Earl of Selkirk — Pursuer
- Robert Naesmith Jr. — Defender
- James Naesmith — Petitioner
- John Swinton, Lord Swinton — Advocate for Petitioner
- John Russell — Agent
- John Ewart — Petitioner
- James Naesmith, of Earlshaugh — Named in case documents
- Robert Naesmith Sr. — Named in case documents
- George Maxwell, of Munches — Named in case documents
- John Dalziel, of Barncrosh — Named in case documents
- Alexander Walker — Named in case documents
- Mr. John Goldie, of Craigmuie — Named in case documents
- John Home — Named in case documents
- John Davidson, of Stewartfield and Haltree — Agent
- Robert Thomson — Named in case documents
- Andrew Hamilton, of Spittalhaugh — Named in case documents
- William Loch, of Hawkshaw — Named in case documents
- James Loch — Named in case documents
- William Paterson, of Dunjop, Esq. — Petitioner
- Miss Agnes Boyd — Petitioner
- Mess. Lennox and M'Whannel — Petitioner
- David Haliday — Petitioner
- Robert Rae — Petitioner
- James Veitch, Lord Elliock — Petitioner
- Christian Naesmith — Petitioner
Places
- Glenley (principal)
In 1756, upon the judicial sale of the late James Naesmith's property, the Earl of Selkirk agreed not to bid against Naesmith's son, Robert, for the estate of Glenley. This was in exchange for future right of first offer. In 1762, Robert Naesmith expressed his intention to sell Glenley. For the next ten years Selkirk periodically lent Naesmith money that was understood to be deducted from the final price of Glenley. In 1772, shortly after Naesmith and Selkirk agreed upon two arbiters to decide on a price for Glenley, Naesmith died with his affairs in disorder. Robert Naesmith's son, Robert, brought his father's lands to a judicial sale, but a few days before it was to take place, Selkirk petitioned the Court to have Glenley struck from it. He argued that he and Robert Naesmith's had completed a bargain. Robert Naesmith, James Naesmith (brother to the late Naesmith), and other creditors of the late Robert Naesmith, then petitioned the Court to refuse this request. After the Court ruled in favor of Selkirk, James Naesmith petitioned the Court to strike an Edinburgh dwelling-house, of which he claimed to be the rightful owner, from the sale. The Court ruled in his favor. Other creditors of Naesmith and Selkirk then asked the Court to adjudicate on various issues related to the final price of Glenley.
