In a message dated 7/12/99 11:40:40 AM Mountain Daylight Time,
cshale(a)home.com writes:
<< Do you have any more info on the Richard Beattie in question?
Sheila and list,
Apparently our Carruthers were very much involved with the various law suits
at this time. I have not clearly decided if it was due to deeds of land or
just money loans?
Jean
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The possession of the estates was hotly contested to judge by numerous items
in the lawyers' bills; John of Carlyle of Limeklins and Richardson of
Edinburgh on one
side, and John Hair and Richardson of Annan on the other. John Boswell of
Auchinleck was also employed. In addition to the causes mentioned eleven
legal processes, instituted by various claimants, seem to have ruined all
concerned in them except the lawyers. John Johnstone lent his cousin Janet
money to carry them on, and on Oct. 10, 1713, was married to a wife with a
fair dowry, Anna Ralston, the daughter of the deceased William Ralston
(related to the Lockharts of Lee) and Janet Richardson of Hichill, his wife.
In the marriage contract 200 marks a year, a fourth of the value of the lands
of Galabank, was settled on Anna Ralston (Jan. 3, 1714). He bought off
Joseph Corrie's claims to Galabank with £1000 Scots money, still owed to
Corrie, but was immediately sued by Robert Carruthers, another creditor.
Before this time, in return for what John had lent to her, which she had no
hope of paying, Janet and her husband renounced 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 still engaged to pay. She declared on oath before the
bailies of Annan that she ceded this estate with that of Stank to her cousin,
being no ways courted or compelled to do so. Her renunciation is signed by
George Blair, notary, John Irving, Joseph Irving, John Johnstone Robert
Johnstone, Robert Wilson, and Bryce Tennan and the deed of gift by Richard
Beattie and several more. Another deed of similar import is signed by Bernard
Ross, Mr John Carruthers, William Johnstone, Joseph Murray Janet Johnstone,
&c.
John Johnstone was infefted in the lands of Stank as early as May 3, 1704, on
account of half of the debt due to his father. Yet after giving up all right
to her father's property, Mrs Beattie was still persecuted by his creditors.
She left Scotland to escape a summons to appear before the Lords of Council
in 1713, and the next year John Johnstone was living on the estate of
Galabank, much annoyed by trespassers, who pulled up his trees and broke down
his dykes. One Sunday he attacked two or three of these intruders, and an
enemy caused him to be summoned before the Kirk-Sessions and compelled him to
make an apology. In 1711 he went to London, where Richard Beattie in a
letter mentions that he had been for some time, and about this period he was
made a bailie of Annan. In 1719 he obtained "a letter of horning and
poynding " against William Elliot of Eckleton, which called upon the
defendant to warrant and acquaint and defend the said John Johnstone
personally, or in his dweling-place, against adjudications "affecting the
houses and lands now in his possession within six days, the said Elliot
having accused John Johnstone of being unlawfully their possessor, whereas he
had received them lawfully from the heritable owners, Richard Beattie and
Janet Johnstone, for certain sums of money which the said Beattie absolutely
required."
At the court of the burgh of Annan, September 29, 1714, held by John
Johnstone and John Irving, the following, after taking the oaths to King
George, were re-elected magistrates for the ensuing year, viz:---James Lord
Johnstone (eldest son of the Marquis), Sir William Johnstone of Westerhall,
eldest bailie; John Irving and John Johnstone, second and third bailies
William Irving, treasurer; John Halliday, dean. As the town of Annan acted
very independently of the Edinburgh courts, the opponents of John Johnstone
and his cousin had little chance of obtaining what they called their rights
against the Johnstone influence in the burgh, even when they had gained their
suit before the Lords in Council. But the Lords once more reversed their
decision, and gave it in favour of John Johnstone in 1718, whereupon he paid
off those creditors who had obliged the Beatties to leave Scotland. Richard
Beattie was dead in 1718, but the case was not finally ended till 1724, when
James Johnstone was deputed by his brother and his cousin Janet to make an
amicable settlement with the other creditors to avert any more legal suits.
=========================
SOURCE:
Page:171-173
THE HISTORICAL FAMILIES OF DUMFRIESSHIRE AND THE BORDER WARS.
BY C. L. JOHNSTONE.
SECOND EDITION.
DUMFRIES: ANDERSON & SON.
EDINBURGH AND GLASGOW: JOHN MENZIES & CO.
LONDON: SIMPKIN, MARSHALL, & CO.