1800
Public BurdenThe deceased defendant Sir John Home sold land to the pursuer, Thomas Johnston. The contract's terms included a notation that the land was free of all public burdens except those explicitly defined in the contract. Johnston sued Sir John Home's heirs, Sir Alexander Stirling and Sir John Stirling, as entails are still on the property. Johnston argued that he should have been been free of them given the contract's terms.
Documents in this case (2)
- Johnston v. Home — petition, 24 May 1800May 24, 1800 Petition of John Home, W.S. asking the Court to alter Lord Craig's interlocutor
- John Home v. Thomas Johnston — answers, 12 Jun 1800June 12, 1800 Answers by Thomas Johnston of Templehall to the petition of John Home, Writer to the Signet, asserting that statute-labour is a burden on land and thus falls under the relief clause.
People & places in this case
People involved
- John Home, W.S. — Defender
- Thomas Johnston, of Templehall — Pursuer
- Sir Alexander Stirling, of Glorat, 4th Baronet of Nova Scotia — Trustee/Tutor/Representative for Defender
- Sir John Stirling, of Glorat, 5th Baronet of Nova Scotia — Trustee/Tutor/Representative for Defender
- Archibald Campbell Jr., Lord Succoth, 2nd Baronet of Succoth — Advocate for Defender
- David Williamson Robertson Ewart, of Balgray — Advocate for Pursuer
- William Craig, Lord Craig — Lord Ordinary
Places
- Coldingham (principal)
Where this case took place
Published Reports
Morison, pg. App 1, No 1
