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Index of first names

Garvald

 

 

 

 

 

 

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Garvald and Baro parish church

 

Garvald is a rural parish just over twenty miles south east of Edinburgh and six miles south of Haddington, the county town of East Lothian.


The village is in the north-east corner of the parish which runs eight miles south-west to the summit of Lammerlaw. The parish is never more than three mileswide. It is bounded on the east by Whittingehame and on the west by Yester. Over the crest of the Lammermuirs is the county of Berwickshire. The land rises from 400 feet in the north to 2000 feet in the hills.

 

Stoneypath Tower, although in the parish of Whittingehame, stands on the verge of Garvald parish, on a high perpendicular freestone cliff, below which the Papana runs.

 

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.

 

1643-46 Archibald Douglas, MA was minister at Baro.

In 1789, John Douglas, a member of the Kirk Session, was a life renter of Garvald Grange, where in 1814, the feu superior was William Douglas.

 

 

 

4th December 1835.
Second Division.—(J.D.M.)
No. 50.—Simon Fraser, Factor Loco Tutoris for William 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 Garvald: 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.]

 

Title Deeds of Ballymoss, Dated 1814
To all and sundry to whose knowledge these presents shall come I Frazer Younger of Lord Advocate factor loco tutoris nominated and appointed by the Lords of Council and Session to William Douglas Esquire of Garvald heritable proprietor of the lands and others after mentioned conform to Act and Factory bearing date the tenth day of August eighteen hundred and fourteen. Considering that by Tack entered into between the said William Douglas and Frances Walker of the farm of Garvald Grange bearing date the twentieth day of August and seventh day of September seventeen hundred and eighty four and registered in the books of Council and Session the seventeenth day of January eighteen hundred and fourteen the said farm (of which the particulars after disponed were part) was let under the reservation of full power and liberty to the said William Douglas and his heirs or assignees to sell out small lots for houses and gardens about the village of Garvald and that in virtue of this reserved power the particular lot after described was selled to David Baillie daylabourer in Garvald who has not hitherto obtained any right or title to the same. Therefore in implement of the obligation incumbent on the said William Douglas and in consideration of the feu duty and other pristations herein after stipulated know ye that I have sold alienated and disposed as I do by these presents sell alienate and in feu ferm dispone from the said William Douglas his heirs and successors to and in favour of the said David Baillie his heirs and assignees whomsoever heritable and irredeemably all and whole seventy three thousand parts of an acre of the lands set to the said Francis Walker lying on the south side of the Road leading from Gifford to Garvald Kirk bounded on the east by the piece of ground feued to James Robertson Brewer in Garvald on the west by the feu belonging to Archibald Logan and on the south by the water of Garvald on which piece of ground the said David Baillie has erected houses in the village of Garvald Kirk to be holden and to hold the lot of ground and others above described by the said David Baillie and his forsaids of and under the said William Douglas and his heirs and successors whomsoever as his immediate lawful superiors of the same by all the righteous meiths and marches thereof giving therefore yearly to the said William Douglas and his foresaids immediate lawful superiors of the Lot of ground and others above disponed the sum of Four shillings and four pence halfpenny of feu duty at the term of Whit Sunday yearly and doubling the said feuduty the first year of the entry of each heir or singular successor and declaring that the said David Baillie shall be bound to keep the street in front of his property clean and free from dung or other nuisances and that no swine houses or other erections shall be made in front of the house erected or to be erected on the premises and also that the said David Baillie and his foresaids shall dispose of their whole dung which shall not be made use of in the lot hereby feued to the said William Douglas and his foresaids or to the tenant of Garvald Grange for the time being upon being allowed at the rate of two shillings and sixpence for each two horse cart load on in the option of the said David Baillie and his foresaids to coller it on the said farm at the rate of three eighths part of the peck of barley sown for each of the said carts are dung and these for all other burden exaction demand or secular service which can be anything exacted or demanded for the same lot of ground and other foresaid in all time coming which lot of ground and others above disposed with this for right and infoment to follow hereon I bind and oblige the said William Douglas and his heirs to warrant to the said David Baillie and foresaids at all hands and against all deadly and I consent the Registration hereof in the Books of Counsel and Session thereon to remain for preservation and for that purpose constitute my Procuration and moreover I hereby desire and require you and each of you the said William Douglas's Baillies in that part specially constituted that on sight hereof ye pays to the grounds of the subjects particularly above described and there give and deliver to the said David Baillie or his foresaids heritable state and Sasine real actual and corporal possession of the lot of ground and others particularly above specified lying and described as aforesaid and that by deliverance to the said David Baillie or to his foresaids or to his or their name bearers hereof of earth and stone of the Ground of the said lot with all other symbols usual and necessary and in this in noways ye leave undone which to do I commit to you and each of you the said William Douglas's Baillies in that part foresaid full power by this precept of Sasine directed to you for that effect in witness whereof I have subscribed their presents written upon stamped paper by David Birrell apprentice to Charles Cunningham Writer to the Signet at Edinburgh in the First day of December eighteen hundred and fourteen years before these witnesses the said Charles Cunningham and Andrew Grieve apprentice to John Ross Writer to the Signet.
Simon Frazer

 

 

 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

 

Garvald in 1853

 

See also:
Douglas of Garvald

 

Any contributions will be gratefully accepted

 

 




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