The 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)
People involved
- Archibald Campbell Jr., Lord Succoth, 2nd Baronet of Succoth — Advocate for Defender
- David Williamson Robertson Ewart, of Balgray — Advocate for Pursuer
- 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
- William Craig, Lord Craig — Lord Ordinary
Places
- Coldingham (principal)
The 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.
