Sir William Forbes, along with many others, were proprietors of feus (a type of land tenure) in the extended royalty of the city of Edinburgh. The properties at issue were located on Princes Street, George Street, Queen Street, and near St. Andrew's Square. Forbes and his fellow pursuers claimed that the town council had imposed some sort of restrictive covenant, prohibiting construction south of Princes Street, which would have given them an unobstructed view from their properties. John Homes and his fellow defenders secured permission, apparently from the town council, to construct houses, warehouses, and other buildings south of Princes Street. Forbes and the other pursuers sought to stop the construction while the defenders argued that they had permission to build.
Documents in this case (5)
- Sir William Forbes and others v. John Home, Young and Trotter, John Reid and Richard Thomson — Answers, 6 Feb 1772Defendants defend against a bill of suspension claiming their Prince’s Street buildings violate council plans and block light/views for north-side feuers.
- Sir William Forbes and others v. John Home, Young and Trotter, John Reid and Richard Thomson — AnswersDefendants, feuers in Prince’s-street, defend against building suspension, citing 1767 act’s allowance for future development south of street.
- Forbes v. Home — RepliesFeuers challenge council’s deviation from approved plan for pleasure-grounds and canal, seeking permit suspension.
- Forbes v. Home — DupliesRespondents reject suspenders' reply as insufficient, asserting feus were granted under council act of 1767 and parties knew conditions.
- Sir William Forbes, and others v. Messrs Home, Young and Trotter — 6 Feb 1772Feuers challenge town council’s authority to impose undisclosed conditions on extended royalty feus, claiming implied delegation and breach of contract.
People & places in this case
People involved
- Sir William Forbes — Pursuer
- James Hunter, Esq. — Pursuer
- David Hume, Esq. — Pursuer
- Alexander Wight — Pursuer
- Andrew Crosbie, Esq., of Holm — Pursuer
- Alexander Ferguson, Esq. — Pursuer
- David Ross, Esq. of Inverchasley — Pursuer
- John Deas, Esq. — Pursuer
- Mr. Alexander Gray — Pursuer
- Mr. Charles Thomson — Pursuer
- Mr. John Thomson — Pursuer
- Mr. Robert Donaldson — Pursuer
- Mr. Hugh Maxwell — Pursuer
- James Inglis Jr. — Pursuer
- Mr. John Home — Defender
- Mr. John Reid — Defender
- Richard Thomson — Defender
- Young and Trotter — Defender
- James Burnett — Advocate for Pursuer
- Alexander Gray — Advocate for Pursuer
- John Davidson — Advocate for Defender
