| Walter Sloan-Laurie v. Alexander Spalding-Gordon |
27 Jul 1779
|
Next of Kin, Confirmation, Compensation |
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. |
