| Earl of Dalhousie v. Wilson |
1 Dec 1802
|
Property rights, Lease, Assignment, Possession |
Charles Wilson was a farm tenant in Millholm, which was originally leased to his father, William Wilson. The landlord of the property was the pursuer, Earl Dalhousie. The lease was then assigned to John Wilson, son of Charles Wilson, who did not reside in the farm, but hired a servant or a manger, James Keddie, to cultivate the land. John Wilson moved to Jamaica. The Pursuer brought an action to remove John Wilson and James Keddie from the possession of the farm, alleging that it has been subleased without his written consent as the proprietor. The Court concluded that John Wilson must be held as having abandoned his lease, and as the farm remained without a tenant, the landlord was entitled to enter to the possession. |
| Richardson and Tait v. Thomson |
1775
|
Debt, Assignment |
David Thomson of Ingliston, defender, granted a bond to James Thomson, who conveyed shares of the bond to many different assignees. Several of these assignees made further assignments, and the pursuers, John Richardson and John Tait, came to possess a four-sixths share of the bond. Richardson and Tait sued David Thomson for payment. In the ensuing process, Thomson alleged that Tait and Richardson were merely trustees for certain assignees whom he had already paid. In response, Richardson and Tait claimed to be Thomson’s rightful creditors, having exchanged ready money for shares that the earlier assignees were unable to collect. Richardson and Tait also argued that David Thomson had missed a deadline for continuing to contest the case. |
