| Robertson v. McClure |
1779
|
Roup, Penalty, Removing, Sist |
In 1758, John McClure commissioned William Robertson to offer £112 for a house and yard at a public roup (auction). According to McClure, Robertson purchased the property at a higher rate than authorized. McClure refused to pay the price. Robertson then became subject to penalties and other expenses, which compelled him to bring a process against McClure before the Magistrates of Ayr. The Magistrates granted a decree in absence, against which McClure then obtained a (sist) judicial stay. Despite this stay, Robertson then made the debt over to James Fergusson. In August 1775, Fergusson obtained a decree of adjudication against McClure on account of the above-mentioned decree and some debts that had been owed by McClure's father. Fergusson then assigned this adjudication to Robert Robertson, the son of William Robertson. Robert Robertson took possession of some property owned by McClure after which he successfully brought a process of removing against him. McClure applied by bill of suspension to the Court of Session, which was refused by Lord Gardenstone. McClure then petitioned the Court for review, arguing that both debts were invalid: one, because there was a sist on it, and the other, because it had been extinguished by a decree of mails and duties obtained by Robertson. Furthermore, he argued that because his property were jointly owned by him and his four siblings, the charger's decree of moving was erroneous in regard to four-fifths of the property. |
| Trustees of Batties-mains v. Armadale |
1801
|
Trust, Roup, Estate, Roads |
Mr. Carmichael left the lands known as Batties-mains in his trust for the education of poor scholars at a public school located there. The trust required that the land not be sold, so some of the trustees agreed to rent out parts of the land for a fixed time period to other parties. They subsequently agreed to allow Lord Armadale to build a road through the lands of Batties-mains to his own estate of Smyllum, on the condition that after the renting period was up, he would destroy the road and return the ground to its prior condition. The final trustee to review the agreement, Minister Fergusson, disapproved of a clause which stated that the road would be Lord Armadale's property, and disputed it based on his belief that it undermined the true intent of the original trust. |
