Earl of Macclesfield
Following the death without an heir of Fitton Gerard, third Earl of Macclesfield, in 1702, a disagreement had arisen over who should succeed to his extensive estates, based at Gawsworth Hall, Cheshire. Hamilton claimed the estates through his wife Elizabeth Gerard, a granddaughter of Charles Gerard, 1st Earl of Macclesfield. Mohun claimed them as the named heir of Charles Gerard, 2nd Earl of Macclesfield, to whom he had been a companion-in-arms. The years of litigation that followed culminated in Mohun calling Hamilton out.