This is one of several cases litigated by the heirs of Walter Laurie of Redcastle. Laurie of Redcastle was a creditor of Robert Gordon of Shirmers. After Laurie's death, his nephew, James Laurie, assumed ownership of his uncle's moveable effects, for which he obtained partial confirmation. Thirty-five years later, after the death of James Laurie, his nephew Walter Sloan-Laurie brought action against Alexander Spalding-Gordon, the representative of the deceased Robert Gordon, for payment of the aforementioned debt. The defender, Spalding-Gordon, argued that as he had been a creditor of the late James Laurie sufficient to compensate, this debt was extinguished. The pursuer argued that because James Laurie had never been fully confirmed as an heir, the credit remained in bonis (in the goods of) Walter Laurie of Redcastle. Lord Hailes ruled in favor of the defender. The pursuer then appealed to the full court, which decided in his favor.
Documents in this case (1)
People involved
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
- Andrew Crosbie, Esq., of Holm — Advocate for Pursuer
- Alexander Spalding Gordon, of Holme — Defender
- Captain Walter Sloane-Laurie, of Redcastle and Woodhall — Pursuer
- Alexander Millar, of Dalnair — Advocate for Defender
- Rev. Walter Laurie, of Redcastle and Bargattan — Named in case documents
- Robert Gordon, of Shirmers — Named in case documents
- James Laurie, of Skeldon and Redcastle — Named in case documents
- Margaret Sloane Laurie — Named in case documents
- Andrew Sloane Laurie — Named in case documents
- Alexander Spalding, of Holme — Named in case documents
- Jean Gordon, of Shirmers — Named in case documents
- Margaret Gordon — Named in case documents
Places
This is one of several cases litigated by the heirs of Walter Laurie of Redcastle. Laurie of Redcastle was a creditor of Robert Gordon of Shirmers. After Laurie's death, his nephew, James Laurie, assumed ownership of his uncle's moveable effects, for which he obtained partial confirmation. Thirty-five years later, after the death of James Laurie, his nephew Walter Sloan-Laurie brought action against Alexander Spalding-Gordon, the representative of the deceased Robert Gordon, for payment of the aforementioned debt. The defender, Spalding-Gordon, argued that as he had been a creditor of the late James Laurie sufficient to compensate, this debt was extinguished. The pursuer argued that because James Laurie had never been fully confirmed as an heir, the credit remained in bonis (in the goods of) Walter Laurie of Redcastle. Lord Hailes ruled in favor of the defender. The pursuer then appealed to the full court, which decided in his favor.
