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 1776February 5, 1776 Petition by the Earl of Selkirk to have the Court strike the lands of Glenley from Robert Nasmyth's estate sale.
- Earl of Selkirk v. Robert Naesmyth — Replies, 9 Feb 1776February 9, 1776 The Earl of Selkirk replies to the answers to his petition given by Nasmyth's heirs.
- Dunbar Earl of Selkirk v. Robert Naesmith — answers, 13 Feb 1778February 13, 1776 Answers of Robert Naesmith to Selkirk's February 5th Petition
- Naesmith — Memorial, 5 Aug 1777August 5, 1777. James Naesmith argues that there is no evidence of a finished bargain between Selkirk and Naesmith.
- Dunbar Earl of Selkirk v. Robert Nasmith, Dr James Nasmith and John Russel — Memorial, 24 Sep 1777September 24 1777 Selkirk argues that his claim to Robert Nasmith's property precedes that of James Nasmith.
- Ewart — Petition, 29 Jan 1778January 29 1778 Petition from John Ewart, on behalf of Naesmith's creditors, pleading with the Court to overturn their ruling that Selkirk and Naesmith had a concluded bargain.
- Naesmith — Petition, 3 Feb 1778February 3, 1778 Petition from Dr. James Naesmith to have the house in Gray's Close struck from Robert Naesmith's estate sale.
- Creditors of Robert Naesmith v. Dunbar Earl of Selkirk — Memorial, 17 Apr 1779April 17, 1779 The creditors of Robert Naesmith argue that Selkirk owes interest on the price of Glenlee.
- Dunbar, Earl of Selkirk v. The Creditors of the deceased Robert Naesmith — Memorial, 12 Jun 1779June 12, 1779 Memorial of Selkirk against Naesmith's creditors, arguing against points made in their memorial.
- Earl of Selkirk v. Robert Nasmith — Petition, 30 Nov 1779November 30, 1779 Petition from the Earl of Selkirk to the court, asking it to overturn its ruling that the debt Selkirk purchased from William Loch should not be deducted from the price of Glenley.
- Paterson — Answers, 30 Dec 1779December 30, 1779 Petition from the creditors of Robert Naesmith to have the Court maintain its ruling that the debt purchased by Selkirk from Loch not be deducted from the price of Glenley.
People & places in this case
People involved
- Dunbar Hamilton Douglas, 4th Earl of Selkirk — Pursuer
- Robert Naesmith Jr. — Defender
- James Naesmith — Petitioner
- John Ewart — Petitioner
- 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
- Andrew Crosbie, Esq., of Holm — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- John Swinton, Lord Swinton — Advocate for Petitioner
- Alexander Lockhart, Lord Covington — Lord Ordinary
- John Russell — Agent
- John Davidson, of Stewartfield and Haltree — Agent
- 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
- 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
Places
- Glenley (principal)
Where this case took place
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.
