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