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• DOUGLAS OF EARNSLAW, son of Rev. Robert
Douglas, recorded in Lyon
Office 1672-77. — Argent, three piles
gules, on a chief azure as many mullets
of the first, within a
bordure vairy. CREST : A boat in distress surrounded
with clouds, and
stars shooting tlirough the same, all proper. MOTTO :
"Durate."
• James Douglas of Earnslaw, son of
Robert
Douglas, Minister of Pencaitland (Died February 1674) himself the
illegitimate son of Sir George Douglas of Lochleven, and Margaret
Kirkcaldy(1); Brother of Alexander Douglas, Minister of Logie
James married Grace Garden(2), daughter/heiress of John
G. of Earnslaw (d1698). They had a son, Robert (b1671 (?baptised
13 Oct 1671) and three daughters, Grace, Rachel and Jean.
•
Douglas, [Earnslaw, Scotland] ar. three piles gu. on a chief az. as many
stars of the first, within a bordure vair.
• below...
Grace and Rachel Douglas , Daughters of the deceased James Douglas of
Earnslaw , Dalrymple , for themselves and as Aflignees of Mr. Alexander
Douglas their uncle and Lt Robert Douglas, their brother..
GRACE AND RACHEL DOUGLAS, DAUGHTERS OF
THE DECEASED JAMES DOUGLAS OF EARNSLAW, FOR THEMSELVES AND AS
ASSIGNEES OF MR ALEXANDER DOUGLAS THEIR UNCLE, AND LIEUT ROBERT
DOUGLAS THEIR BROTHER -V- JOHN MONTGOMERIE, HUGH PATERSON, JAMES
MORE, AND OTHERS, CREDITO; HL 18 JUN 1714
Fiar – An estate being
settled by an heiress to her husband and herself in conjunct fee
and life-rent and the heirs to be procreated between them in
fee, whom failing to the husband, his nearest lawful heirs and
assignees; the husband was fiar.
Donatio non praesumitur –
The fee taken up by a daughter as heir to her father, where a
disposition had been made to a Ion (dceased), upon which
infeftment had followed, but never cloathed with possession nor
recorded.
Adjudication – A charge being given to a son to
enter heir to his uncle and mother, and adjudication being led
thereon; but the father being afterwards found to be fiar, the
first adjudication is reduced.
The said son refusing to
subject himself to his father’s debts, has no title to quarrel
the adjudication led of his father’s fee.
John
Greden of Earneslaw, dispones the said lands to John Greden his
son, with certain burdens, redeemable upon payment of 20 merks ;
whereupon the son is 'infeft, but the sasine never registrated.
The son dying before his father, Grace Greden, as the only
surviving child, becomes heir served and retoured to her father,
without taking notice of John her brother, whose infeftment at
tained no possession ; and she, by contract of marriage,
disponed the lands to Mr James Douglas, from whom they were
adjudged. The Creditors having now right to that adjudication,
pursue a declarator of their right, and of the expiration of the
legal,
It was alleged, for Mr Alexander Douglas : That he had
adjudged the same lands from Robert Douglas, son of the marriage
betwixt Mr James, and Grace Greden, as lawfully charged to enter
heir in special in these lands to John Greden his uncle ;
whereby he being in the place of the said John Greden younger,
had right to the disposition and infeftment of the said lands,
granted to him by his father, which were never redeemed ; and'
albiet Grace Greden, the sister, by her service, had right to
the superiority, because John was only infeft base, yet the
property belonged to John, and the pursuer as in his place. |
Notes:
1. There is a story that
Mary Queen of Scots was the mother
2. Garden,
Graden, Graydon or Greden.
|
