Pursuer seeks to establish heirship and property rights of Thomas Rutherford through documents found in his brother’s possession, while disputing claims by Thomson and Rutherford’s estate agents.
Pursuers William Somerville and his Commissioners sue Rutherford and Thomson for breach of contract and fiduciary duty, with depositions and correspondence from 1806–1808.
John Thomson, factor for Lieutenant George Rutherfoord, objects to service for Ann Rutherfoord’s heirship claim, asserting his constituent is alive and contesting proof of death.
Affidavits from ship officers and a Plymouth resident attest to Lieutenant George Rutherford’s disappearance from HMS Salvador del Mundo in 1806, with consensus that he likely drowned while attempting to escape.
Memorial of Mrs Rutherfoord Somerville, arguing that she is entitled to be served heir to her deceased brother, Lieutenant George Rutherfoord, based on evidence including letters and affidavits attesting to his death at sea in 1806.
Pursuer seeks declarator and damages against defenders for obstructing service to establish heirship to lands conveyed in marriage contract, claiming wrongful denial of rights and resulting financial loss.