Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew...

Documents concerning legal proceedings: Robert and Duncan Kirkwood against Andrew Kirkwood, Elizabeth [née Leischman] widow of [another] Duncan Kirkwood, and her children James, Euphemia (Eufame) and Marian. (ff. 92-95): (i) Royal order to Anthony Haggart and [blank], sheriffs in hac parte. A suit has been brought by Robert Dalgleish, son of James Dalgleish [cf. f.80], deceased, formerly a merchant and burgess of Edinburgh. In 1593 the elder Dalgleish and his wife Katherine [née Tyndall] entered into a contract on behalf of themselves and the pursuer with Francis Napier (Nepeir), now deceased, and his wife Margaret [hereafter called by her maiden name of Mowbray]. Dalgleish lent the Napiers £1,000; they were to pay £100 annual 'rent' from property in Hillhousefield and elsewhere in Broughton in the sheriffdom of Edinburgh. In June 1595 the Napiers sold the property to James Gourlay and his wife. Since the death of her husband in January 1604 Margaret has refused to make any payment. The sheriffs are to summon her and witnesses [unnamed] to appear before the lords of council and session on 4 July. [Signed]: James. 27 [? June], 1605. [? H]. Newlandis. Seal. Notarial sign. Edinburgh, 26 [?January/?June] 1605. (ii) Several notes, in margin and at foot, dated between 5 July 1605 and 16 January 1606, concerning further stages of the suit. [Endorsed, in several hands]: 1. By Haggart. On 27 June 1605 he personally summoned Margaret Mowbray to appear, and gave her a copy of the summons. Two witnesses [named], with others [unnamed] to his action. Seal. 2, 3. Names of parties to the suit. 4. Note giving arguments by the procurators for pursuer and defender. The lords [? assizers find] the summons 'nawaiss relevand'. 1605-1606