Owners of Crofthead No.1 pit
Sole partner: George Mackenzie
References
Manager (Underground) Wanted at once, capable of obtaining certificate. Apply by letter, stating experience and salary expected, to Crofthead Coal Co., 37 West Nile Street, Glasgow.
The Scotsman, 18th July 1873
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COURT OF SESSION—OUTER HOUSE. Tuesday, January 12. (Before Lord Curriehill)
THE FAULDHOUSE COAL COMPANY v. MACKENZIE AND OTHERS.
This case was taken out of court to-day. The Fauldhouse Coal Company, and individual partners thereof John Thomson Fraser, writer Greenock, and William Fraser, clerk Glasgow, raised the action against George Mackenzie, now or lately at New Bank Buildings, Norfolk Street, Glasgow, individual, and also against the Crofthead Coal Company, and the said George M'Kenzie the sole known partner thereof, and the trustees of the late Professor Penny, with the view of obtaining reduction assignation granted by Penny’s trustees to the defender Mackenzie of a coal and mineral lease entered into between John Storey of Fallhouse and the pursuer, John Thomson Fraser. There were several other conclusion in the summons for removing interdict and count and reckoning against the defender Mackenzie and the Coal Company, and the sum of was also concluded for as the balance the defenders intromissions in connection with the minerals.
The lease in question had been assigned to Penny’s trustees by Mr John Thomson Fraser security for a sum of £700 due by him to them, and the nature of the transaction was explained by a back letter, in which Penny trustees became bound not to dispose the lease until certain date, and not to sell privately for than £700; and should they sell for less than £700, they bound themselves to reserve the rights of the said John Thomson Fraser to recover the back rents from the purchasers. The period stipulated having expired, Penny's trustees sold or assigned the lease in question the defender Mackenzie, in consideration of the sum of £410. John Thomson Fraser’s estates were sequestrated on 23rd November, 1872, and on the same day granted an assignation of the lease in favour of himself and his son, the pursuer, Wm. Fraser, as trustees for the company then formed, called the Fauldhouse Coal Company.
Mr J. T. Fraser’s pretended right to said lease was then sold the trustee on his sequestrated estates for £50 to the other pursuer, Wm. Fraser, from whom Mr G. W. Muir, residing at Blantyre Farm, acquired all right he had thereto. The defenders maintained that the Fauldhouse Coal Company was an entirely fictitious company, and never carried on business as coal and iron masters, and could not possibly so. They also maintained that Mr Muir, being the real dominux ought to be made party to the action. A minute of agreement settling the case has been entered into between J. T. Fraser, William Fraser, Mr Muir, and Mr Mackenzie, agreeing to refer all disputed questions the arbitration of Jas. Thomson, C.A., Glasgow, Mr Muir undertaking relieve the defenders of the existing contracts undertaken them in connection with the mineral field. Upon security being found, or the arbiter's award being implemented, the defenders are to cede possession of the mineral field and everything connected therewith favour of Mr Muir, he agreeing to purchase from the defenders the property purchased or leased by them from the Coltness Iron Company.
West Lothian Courier, 27th May 1876
