David Mackenzie left his estate to his children, while reserving a liferent for his spouse Isabel Macrae and naming her the children’s tutor. The estate included a bond granted by Roderick Macleod of Cadboll. After David died, Isabel demanded payment of the bond. Roderick, however, feared that Isabel’s limited rights to the estate would prevent her from effectively discharging the bond. To resolve this issue, it was agreed that James Cuthbert, a creditor of Isabel’s second husband, would indemnify Roderick against other claims on the bond. Isabel discharged the bond, and Cuthbert drew the proceeds in satisfaction of the debt that was owed to him. Many years later, Ann Mackenzie, the daughter of David and Isobel, raised an action against Roderick to collect on the bond. In response, Robert Bruce Aeneas Macleod (Roderick’s son and representative) argued that his father had already paid Isobel Macrae, who was the proper creditor.
Documents in this case (7)
- Petition M'Kenzie, 18 Feb 1773
- Anna Mackenzie and Richard Paterson Slater v. Robert Bruce Æneas Macleod of Cadboll and his Tutors — Answers, 24 Apr 1773
- Anne Mackenzie, Richard Paterson Slater, Robert-Bruce-Aeneas Macleod of Cadboll and his Tutors v. James Cuthbert of Farnese — Information, 24 Jun 1774
- Petition M'Kenzie, 8 Jul 1774
- Answers M'Kenzie, 14 Jul 1774
- Robert-Bruce-Æneas M'Leod of Cadbol and his tutors v. Anna M'Kenzie and Richard Paterson Sclater — Answers, 5 Aug 1774
- James Cuthbert of Farnese v. Anna M'Kenzie and Richard Paterson — Answers, 8 Aug 1774
People involved
- Ann Mackenzie — Pursuer
- Richard Paterson — Pursuer
- James Cuthbert, of Millcraig — Defender
- George Forbes — Respondent
- David Mackenzie — Named in case documents
- Isabel Macrae — Named in case documents
- Robert Bruce Aeneas Macleod, of Cadboll, Esq. — Defender
- John Monro, of Auchenbowie — Advocate for Pursuer
- David Armstrong, of Kirtleton — Advocate for Pursuer
- David Rae — Advocate for Defender
- John Campbell, Lord Stonefield — Lord Ordinary
- Roderick Macleod, of Cadboll — Named in case documents
- Robert Edwards — Named in case documents
Places
David Mackenzie left his estate to his children, while reserving a liferent for his spouse Isabel Macrae and naming her the children’s tutor. The estate included a bond granted by Roderick Macleod of Cadboll. After David died, Isabel demanded payment of the bond. Roderick, however, feared that Isabel’s limited rights to the estate would prevent her from effectively discharging the bond. To resolve this issue, it was agreed that James Cuthbert, a creditor of Isabel’s second husband, would indemnify Roderick against other claims on the bond. Isabel discharged the bond, and Cuthbert drew the proceeds in satisfaction of the debt that was owed to him. Many years later, Ann Mackenzie, the daughter of David and Isobel, raised an action against Roderick to collect on the bond. In response, Robert Bruce Aeneas Macleod (Roderick’s son and representative) argued that his father had already paid Isobel Macrae, who was the proper creditor.
