[4] A London bookseller, John Hinton printed and profitably sold the second edition of the book, although the statutory copyright term had expired.

[2][5] Scottish bookseller, Alexander Donaldson, John Wood, and James Meurose were printing a different edition of Stackhouse's book.

[5] Hinton sued the three booksellers before the Court of Session, arguing that he had acquired a common law right of copyright, although the statutory term had ended.

[2] He claimed that because he had acquired the copyright from Stackhouse through a conveyance, he had a perpetual property right.

[2][9] Lord Monboddo, however, decided that once a copyright was created under the Statute, it continued in perpetuity.