Petitioner Joseph Hately is an engineer who specializes in coal mining. In May 1770 Hately obtained a tack (lease) of coal in the lands of Hutchison near Glasgow. Defender Colin Dunlop is a merchant in Glasgow who also works in the coal trade. Hately accuses Dunlop and his business partner Alexander Houston of trying to obtain a monopoly on the coal trade in the Glasgow area. Hately is able to sell his coal at a lower price than Dunlop and Houston, who own adjoining coal property in the lands of Carmyle. Dunlop accuses Hately of encroaching upon his lands, so he presents a petition to the local sheriff to inspect Hately's mines. Hately maintains that he has not encroached on Dunlop's property. Hately is also concerned that an inspector will learn of Hately's trade secrets with respect to the coal. Hately seeks to enjoin Dunlop's inspection of the coal mines.