ROBERT CUNNINGHAME BONTINE and his CHILDREN v WILLIAM CUNNINGHAME CUNNINGHAME GRAHAM of Gartmore and his Trustees (Court of Session)

Nicol Graham of Gartmore, the grandfather of the defender, Mr Graham, was proprietor of a variety of lands, a large proportion of which, both property and superiority, was held immediately of the Crown, and to these he had made up a complete feudal title.

In 1774, Mr Graham executed a second deed of entail of the lands of Wester Culbowie and others, held of the Crown, which he had in the meanwhile acquired by purchase.

The destination in this deed was in terminis the same as that in the previous entail of 1767, with this exception, that the entailer's wife was introduced as a liferentrix along with himself.

Nicol Graham died in 1775, without having put on record the entail of 1774. His eldest son William having predeceased him, without leaving issue, Robert, the second son, in order to acquire right to the procuratories of resignation, executed by his father in 1767, and in which William was institute, expede a general service as ‘heir-male of tailzie and provision of the said William Graham, his brother,’ &c. and he also made up titles under the entail 1774.

Robert Graham then proceeded to execute the procuratories contained in the two deeds of entail, and obtained a charter from the Crown, (23d Feb. 1776,) comprehending all the lands contained in both entails, which were held immediately of the Crown, omitting certain lands held of a subject superior, and also certain substitutions which had become inoperative.