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Index of first names

Garvald

 

 

 

 

 

 

Research notes:

 

The Earl of Douglas appears to have been superior in 1376.

 

Sir William Douglas, died about 1658. He married Ann, daughter of Douglas of Whittinghame, and had two sons : —

(a) Sir Archibald
(b) John, ancestor of Douglas of Garvald. He purchased the lands of Garvald from James Douglas, brother of Sir Archibald of Whittinghame, 1631 (Great Seal Register). In Stodart's MS. are Lewis Douglas of Garvald and a son, William of Garvald, 1686-1704.

 

 

 

4th December 1835.
Second Division.—(J.D.M.)
No. 50.—Simon Fraser, Factor Loco Tutoris forWilliam Douglas, Esq. of Garvald, Petitioner.Factor Loco Tutorials —Powers—Nubile Officium—Circumstances in which authority granted to a factor loco tutoris of a person insane, to complete titles of vassals and heirs of heritable creditors of the lunatic. Opinion intimated from the bench, that but for the special circumstances of the case, and the consent of the nearest heirs, such unusual powers would not have been granted, without a full consultation with all the Judges in regard to the right of the Court to confer them.


The petitioner, as factor loco tutoris to his maternal uncle, Mr William Douglas of Garvald, who was in a state of confirmed lunacy, presented a petition to the Court, stating, that prior to the time at which Mr Douglas became insane, he, as well as his father, had feued out sundry lots of their property in the village of arvald: That they had also occasion to borrow certain sums of money, for which they granted heritable securities over their lands of Garvald and others, situated in the parish of Garvald and county of Haddington: That, likewise, some time ago, in virtue of powers from the Court, and with the approbation and consent of the next heirs of Mr Douglas, they had granted a bond and disposition in security over said lands for a certain sum, for the purpose of clearing off the debt of an adjudging creditor, who threatened to evict the estate, by completing an irredeemable title, under a decree of declarator of expiry of the legal.


Certain of the investments referred to had remained unchanged for upwards of forty years; and the original creditor in one of them was now dead. Application was made to the petitioner to grant a precept of dare constat in favour of the heirs-portioners of the creditor, who had deceased, with the view of completing their title to the bond, and thereby enabling them either to convey or discharge the same. But the petitioner doubted if he could, in virtue of his general powers under the factory, validly grant the deed required, or similar ones in time to come, without the express warrant of the Court to that effect. It might also be necessary to enter the heirs of vassals or singular successors in the feu-rights. The petitioner therefore prayed their Lordships "to authorise and empower the petitioner, as factor loco tutoris foresaid, to grant all charters of resignation, and of confirmation, precepts of dare constat, and other deeds that may be necessary, either now or in time coming, validly to complete the titles of the vassals of the said William Douglas, as well as the titles of the heirs of deceased, or of present or future creditors, in all or any of the heritable debts now affecting, or which may hereafter affect the said lands and estate of Garvald and others, the property of the said William Douglas, containing all usual and requisite clauses; and to find, decern, and declare that the said charters, precepts, and other deeds, so to be granted by the petitioner, shall be as valid and effectual, to all intents and purposes, as if they had been granted, and subscribed by the said William Douglas himself in sound mind."


Their Lordships, before answer, appointed the petitioner to put in a minute, stating any authorities, on which he could found his application, which appeared to be for powers of an unusual extent; which having been lodged, their Lordship*, on advising the same, were unanimously of opinion that the question of the extent of their power in such a case was of such importance as to incline them to submit it to the consideration of the whole of the Judges; but, in consequence of a statement from the bar, which was embodied in the following interlocutor, they were induced to grant the prayer of the petition:
"In respect of the consent stated at the bar, of the two nearest heirs of William Douglas, Esq., of Garvald, and of the urgency of the case, in consequence of the great age of the said William Douglas, and the other peculiar circumstances of the case, authorise and empower the said Simon Fraser, petitioner, as factor loco tutoris for the said William Douglas, to grant all charters of resignation, and of confirmation, and precepts of dare constat, and other deeds that may be necessary, either now or in time coming, validly to complete the titles of the vassals of the said William Douglas, as well as the titles of the heirs of deceased, or of present or future creditors, in all or any of the heritable debts now affecting, or which may hereafter affect the said lands and estate of Garvald and others, the property of the said William Douglas, containing all usual and requisite clauses; audi find, decern, and declare, that the said charters, precepts, and other deeds so to be granted by the petitioner, shall be as valid and effectual to all intents and purposes as if they had beea granted and subscribed by the said William Douglas himself in sound mind."


Petitioner's Authorities.—Craigie, 10th January 1758. Rushby, 1st February 1823 ; 2 S. and D. 176. Blaikie, 1st February 1827; 5 S. and D., 5 L. and D., '208. Campbell, 20th January 1829, 7 S. and D. 298. Pulteney, 2lst February 1832, 10 S. and D. 362.
Act. Graham Bell; William Baillie, W.S., Agent—[J.D.M.]

 

 

 James Balfour, second son of John Balfour, of Balbirnie, who made a large fortune in India. subsequently much enlarged his property in East Lothian, having bought Papple (called
Pople in old maps of the county) and Papple Westmains and Bogend from Lord Blantyre ; Garvald Mains and Garvald Grange from the old family of Douglas of Garvald

 

See also:
Douglas of Garvald

 

Any contributions will be gratefully accepted

 

 




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