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Volume 1 - Electric Scotland

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x-xit-. - .loHX JOHNSTONE OF .lOllXSTONK, 1454-14-03.<br />

son-ill-law. Carrulhcr.s suo.l for £120 in tcnns of nn ai;V('(.'nient bt'twcen<br />

hi.s fallicr and Jolmstoue, while the latter pleaded tliafc the lands of Elliot<br />

[l'Lliok?J had not been secured to hi.s danghtor, a condition lobe fulfilled<br />

before the luouey Mas pnid. The court ordered the lady to be infcft in<br />

the lands and the .£120 to be paid, allowing, however, a jdoof that £40 had<br />

already been paid.^<br />

Ill June 1480, Johnstone was concerned in an action and coniiter-actiou<br />

between himself and "William Stewart of Cn.stlcmilk. He sued Stewart and<br />

his son, with others, for spoliation from the lands of Middle.sh?vW of five<br />

cows and oxen. Stewart alleged that he and his son were acting nnder a<br />

warrant from the lady of Castleinilk, who was entitled to rent from the lands,<br />

but as they failed to produce their authority, they were ordered to restore<br />

the cattle, and to repay any rent taken. In the counter-action, William<br />

Stewart of Castlemilk accused Johnstone of wrongfully withholding £100,<br />

and also the lands of ]\Iidd!-jshaw and Biooinhill, mortgaged to him for that<br />

sum. It is stated that Johnstone withhold the lands because a marriage<br />

proposed between Stewart's son Alexander and Elizabeth Stewart had not<br />

been completed. After hearing parties the lords of council decided that<br />

Jolinstone' should give up to William Stewart the lands in di.spute without<br />

receiving any money on tlie reversion, and with the necessary charters and<br />

evidents, because the marriage had not been completed ; but all rents and<br />

profits drawn by Johnstone from the lands since tliey were mortgaged were<br />

to remain with him, because of the aid he h.ad given to Stewart for recover-<br />

ing the lands and the goodwill he had shown towards the ])roj;iOsed niarrit.ge,<br />

although it had not taken effect. Elizabeth Stewart ultimately married<br />

Eiobert CarruOiers; and Ihe cliief of Jobiistone was present as a witness at<br />

an inquest held to ser^e that lady as heir of her grandfather, Archibald<br />

Stewart of Castlemilk, in the hinds of IMiddleshaw on Gih July 1484.-<br />

' Acta .\inlarrum, p. 74. 12tli MaiiU U7S-9.<br />

= Ibid. p. 139'. 2Utli .May 1.1S4.

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