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Finegand 4

But the most important land transactions in which he was concerned were his giving up the principal family holding in Glenshee and his acquisition of the lands of Forter in Glenisla, an acquisition which more or less directly led to serious litigation and bloodshed and ultimately to the collapse of his family.

The two transactions were in all probability contemporaneous, but unfortunately the actual documents concerning John's original title to Forter cannot at present be traced, although means are available for fixing the approximate date as some time in 1651, probably while the negotiations for the sale of Finegand were in progress. Thus in March 1651 John appears in the register of the Kirk Session of Kirkmichael as still " of Finegand " in that parish, but on 14 September in the same year, in the contract relating to Wester Dalnacabock just mentioned, he is described as " of Forter "; he is also so described in two deeds of 8 Dec. 1652 to which he is. a witness at Alyth (Bamff Charters) and thence forward until his death.

One fact which points to the sale of Finegand and the acquisition of Forter as concurrent in date is that the persons from whom John made the acquisition John Ogilvy younger of Peill and James Arrott in Inverqueich * are joint cautioners for him in the sale. The contract of sale of the lands of Finegand, Cronaherich, and shearing of Gormell is dated at Kirktown of Rattray and at Forter on 11 May and 23 Oct. 1652, and is witnessed by James Ogilvy of Moortoune, John Robertson of Straloch, brother-in-law of Donald Farquharson, the purchaser, John and Alexander Mackintosh, sons of John McComie, the seller, Alexander Stewart of Binzean, and others. It is " betwixt John Makintoische alias Makcomie of Farnez and Elspet Campbell his spouse, as principals, and John Ogilvy younger, fiar of Peill, and James Arrot in Innerqueich, as cautioners for the said John M., on the one part, and Donald Farquharsone son to William F. of Broichdairge, on the other part," and the purchase money, is stated to be 8200 merks ($455 sterling).

It appears that, owing to uncertainty as to the person lawfully entitled to the superiority, * neither John Mackintosh nor his father Alexander had been infeft in the lands, and that the one " last restet and saisit in and to the lands, schealing,"  was John's " guidschir," John McComie; and ancordingly John binds himself, as do also his cautioners, that "how soone ther sall be ane certane lawful superior cognoscit and known to have right to the superiority of the lands, " he will get himself duly infeft and entered as nearest and lawful heir to the said umquhill John McComie his guidschir and will then complete the sale to Donald Farquharson by the usual charter of alienation ; until this is done Farquharson is to have possession of the lands and pay the feu duties, aniounting to $7 6s 8d a year, to John Mackintosh, under a warrant from the latter against any claims by the lawful superior, whoever he may prove to be. Fam. of McCombie, &c.' pp. 28-31.

The purchaser of Finegand, Donald Farquharson, was third son of William Farquharson 2nd of Brouclidearg, and a great grandson of Finla Mor. John Mackintosh of Forter, assuming that Alexander his father was son, and not younger brother, of the second John M. or McComie of Finegand, would thus be his second cousin once removed .

Donald Farquharson's wife was Barbara, youngest daughter of Alexander Robertson of Straloch, the " Baron Reid." Brouch. and Straloch MSS. Although, its has been mentioned, John Mackintosh is described as "of Forter " as early as in September 1651, no record of the tenure on which he at first held the lands is forthcoming, and it was not until 1659 that he acquired a full and indefeasible title. It may be gathered, however, from a "supplication " to Parliament by Lord Airlie on which au Act was passed on 3 May 1661, to be more fully noticed later, that during the intervening years he held the lands under a contract of sale, as was the case in regard to Finegand. In the supplication mention is made of "ane contract of alienation passed betuixt the supplicant and the said Johne McIntosh anent the alienation to him of the lands and baronie of Forther," but no date is given and, as will be shown, the contract was not carried out as between the Earl himself and John directly, the feu passing to the latter through third parties. It is not unlikely that as early as 1651 relations between the two principles were beginning to be strained on account of political divergence.

At last, on 20 Oct. 1659, at Alyth, a charter was executed by which John Ogilvy of Peill and James Arrott in Inverqueich disponed to John Mcintoish of Forter, his heirs male and assignees, irredeemably, all the rights which they had previously acquired to the lands from James Earl of Airlie and James Lord Ogilvy his son. For some reason unknown, but probably not wholly unconnected with the unfortunate relations which prevailed between John Mackintosh and the feudal superior, Lord Airlie, after the Restoration, and which will be noticed later, sasine was not taken on this charter until 30 May 1666, but there is no doubt that John was all the time in possession, and that he actually built himself a house at Crandart in 1660. As will be seen later, the feu was not coined by the superior until it was restored to tile Airlie family by John's son in 1681.

The record. of sasine, in which the terms of tile charter are, recited, is found in vol. iii. of the Forfarshire Sasine Register, fol. 104 under date 29 June 1666. It names the lands included in the feu as follows, Meikle and Little Forter, Achinzie, Dalvanie, Grandwart, and Burnside, with the tower, fortalice, and manor place of Forter, * also with all " pendicles, outsets, shealings, glennings, and pertinents," and the woods of Craigfreich, Dalvany, Achinzie, and Craigashe and the " busses " of Pressemerbine, all lying in the barony of Glenisla and sheriffdom of Forfar. It is very full and definite in its description of the boundaries of the lands disponed as also of those of reserved portions of this outlying Airlie country. The northern boundary is the county march on the watershed between Mar and the head waters of the Isla and South Esk; that on the east is the Isla from near it's beginning, down to a short distance below Forter; and that on the west, from Carn-na-Glasha in the north, is the county march roughly following the watershed between Glenisla and the glens of the Beg and Shee down to Mount Blair, where it turns eastward to the Isla below Forter.

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