Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road.
Documents in this case (8)
- Stewart — Information, 23 Oct 1771October 23, 1771 Information of the defenders, arguing that the storemasters have no right to the Peat-road and that the defenders are entitled to be assoilzied from the process.
- Stewart — Petition, 18 Jun 1772June 18, 1772 Petition of Messrs Allan and Morton, asking the Court to remit the cause to the Lord Ordinary for letters of diligence against witnesses
- Stewart — Memorial, 26 Jan 1773January 26, 1773 Petition of the storemasters of Lesmahago, Douglas, and Muirkirk, asking the Court to alter its interlocutor and reinstate the right to the Peat-road as a public drove-road
- Joseph Allan of Castlebrocket and Alexander Morton of Chapel v. John Stewart of Kype and James Stewart of Craigmuir — Memorial, 16 Feb 1773February 16, 1773 Memorial of the pursuers, arguing that the peat-road is a public highway and that defenders must be prohibited from interrupting its use.
- Stewart — Answers, 2 Aug 1773August 2, 1773 Memorial of the respondents, arguing that the Court should allow full expences as the objectors brought them into process without foundation
- Allan — Objections, 3 Aug 1773August 3, 1773 Petition of the objectors asking the Court to remit the expences awarded against them, on the ground that the process was initiated by the storemasters and the interlocutor directed the procedure.
People & places in this case
People involved
- Joseph Allan, of Castlebrockat — Pursuer
- Alexander Morton, of Chapel — Pursuer
- John Stewart, of Kype — Defender
- James Stewart, of Craigmuir — Defender
- Alexander Wight — Advocate for Pursuer
- Adam Rolland, of Gask — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Robert Sinclair — Advocate for Defender
Where this case took place
Sheep drovers commonly used a road through the properties of pursuers Joseph Allan and Alexander Morton to get to a sheep fair in Kilbride. Allan and Morton wanted to mitigate or stop the use of this road for the passage of sheep. Allan and Morton insisted that the sheep-drivers had no right to use this road because there were other routes available. They specifically alleged that another road to the west of Allan and Morton, called the "peat-road," was a suitable path. Defenders John Stewart and James Stewart were heritors of the lands that included this peat-road. John and James Stewart maintained that the peat-road is private, not public. They also claimed that Allan and Morton could not summon them into this case as defenders because Allan and Morton had no legal interest in the peat-road.
