Douglas of Earnslaw

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• 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 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.


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, Graydon or Greden.


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Last modified: Saturday, 18 March 2017