1792–1794
Kenneth Mackenzie pursued Sir Charles Ross and others to enforce a thirlage over the defenders' lands, claiming an obligation covering all growing grains, while Ross contended the servitude was limited to grindable corn and raised res judicata. The litigation involved procedural disputes regarding expenses incurred since 1786 and reponing, with Mackenzie petitioning to alter interlocutors and Ross reclaiming against rulings on the thirlage's scope. The defenders also submitted information regarding Hugh Ross's enlistment as a soldier in 1791, arguing that his refusal to attest did not absolve him from its legal consequences, and Mackenzie answered Ross's petition, which denied thirlage and pleaded res judicata.AI-generated
Documents in this case (6)
- Mackenzie — Petition, 14 Dec 1792December 14, 1792 Petition of Kenneth Mackenzie, Esq; against Inner-house interlocutor, asking the Court to alter its ruling that the defenders must pay expenses incurred since July 4, 1786, before being reponed against…
- Sir Charles Ross and Others v. Kenneth M'Kenzie — Answers, 19 Feb 1793February 19, 1793 Answers by Sir Charles Ross, Bart. and Others to the petition of Kenneth M'Kenzie, Esq. responding to the claim of thirlage over respondents' lands.
- Ross — Petition, 20 Jun 1793June 20, 1793 Reclaiming Petition of Sir Charles Ross, &c. against Inner-House interlocutor, arguing that the thirlage is not of omnia grana crescentia but only of grindable corn
- Francis Humberston-Mackenzie v. Hugh Ross — Information, 2 Dec 1793Information of defenders, arguing that Hugh Ross was duly inlisted as a soldier on May 15, 1791, and that his refusal to attest within four days thereafter does not absolve him from the legal consequences of enlistment.
- Kenneth Mackenzie v. Sir Charles Ross, Captain David Macculloch, Charles Munro, and Mrs Jean Ross — Answers, 7 Jan 1794January 7, 1794 Answers by Kenneth Mackenzie, Esq; of Cromertie, to the petition of Sir Charles Ross of Balnagowan, Baronet, and others, responding to claims of no thirlage or res judicata.
