History of the Johnstones, 1191-1909, with ... - Electric Scotland

LAWSUITS 157
two of the tenants on the Galabank estate to oblige them to pay to her some
overdue rents instead of to the assignee, another Edward Johnstoun, who
claimed them as the only surviving son of the late owner, and on account of
money he had paid for his father, including £j6 to Mr Patrick Inglis. This
Edward settled in London, but when he died in 1708 it appeared he was
illegitimate, which seems to have been not generally known. According to
Scottish law he was incapable of making a Will, and the Government claimed
Galabank, Stank, the stone house, and other lands as its due. This led to
litigation, which must have absorbed more money than the estate was worth.
Janet, the only survivor of the marriage of John Johnstoun and Janet Kirkpatrick,
claimed Galabank, as it was settled on her mother's children. Her
cause was advocated at Edinburgh before the Lords -of Council and Session,
one of the advocates employed being John Boswell of Auchinleck, greatgrandfather
to the celebrated James, and it was decided in her favour. An
order of the Chancellery infefted her in the estate, March 1, 1709.
Expecting this decision, Janet mortgaged Galabank to her cousin, John,
for the sum borrowed by her father from his brother, and he was to pay id.
a year to Janet, who might redeem the mortgage at any time. This was upset
by another decision, Jan. 4, 1711, in favour of the Londoner's creditors. She
appealed against it, while another appeal was lodged on behalf of Joseph Corrie,
of Dumfries, who held an earlier mortgage on Galabank.
Joseph Corrie seems to have been a descendant of the old owners of
Newbie and Corrie, whose family called itself of Newbie into the seventeenth
century, and he now stepped forward to relieve the heirs of the old adversaries
of his house of the last remnant of their land. The matter was hotly contested,
to judge by items in the lawyers' bills— John Carlile of Limekilns and Richardson,
of Edinburgh, on one side, and John Hair and Richardson, of Annan, on the
other. Besides the causes mentioned, eleven processes set on foot by various
claimants seem to have ruined all concerned in them except the lawyers. One
creditor was Mrs Orr, half-aunt to Janet and John, being the daughter of
Robert Fergusson and Agnes Graham.
In 171 1 John bought off Corrie's claim to Galabank with .£1000 Scots, the
remaining balance of the mortgage, but he was then sued by Robert Carruthers,
another creditor. The same year, in return for another 3500 marks, Janet
and her husband gave up their claim to Galabank in favour of John, who
was to take upon himself all further obligations connected with the estate
except a small annuity to Elizabeth Murray, Janet's stepmother, which she
could still pay. She declared on oath, Oct. 29, before the Baillies of Annan,
that she ceded this estate with that of Stank to her cousin, " being in noways
courted or compelled to do so." Her renunciation is signed by George Blair,
notary, John Irving, Joseph Irving, John Johnstoun, Robert Wilson, and Bryce
Tennant, and the deed of gift by Richard Beattie and several more. A similar
deed is signed at Sarkbrig, Nov. 12, 171 1, by Bernard Ross, Mr John Carruthers,
son to George Carruthers, William Johnston of Beirholme, Joseph Murray,
Janet Johnstoun, etc. Yet Mrs Beattie was not free of her father's creditors.