Interest (as a Qualification or Disqualification.) In order to entitle a party to institute an action in a court of law, he must have a title, and also a proper interest in the issue, for if he can derive no benefit from the result, the action will not be sustained; the presumption being, "that it is calculated to distress the defendant, and done in cemulationem vicini;" Karnes' Equity, 37. Such cases are necessarily of rare occurrence; but it is a question frequently tried, whether a person has sufficient interest to sist himself as a pursuer or defender, in a cause to which he has not been specially summoned.

Definition source

Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Interest.” Public domain.

Legal Subject: Interest

Case	Date	Legal Subject	Abstract
Baines v. Turnbull	1794	Debt, Bill of Exchange, Creditor, Bankruptcy, Interest, Factor	Baines, the suspender, argued against Turnbull that he was not liable for bills dishonoured through no fault of his own. Based on the single document cataloged for this case.
Cairns v. Common Agent in Ranking of Newlaw	1791	Debt, Interest, Bankruptcy, Sale, Cautioner, Agent	Thomas Cairns of Dundrenan, Esquire, petitioned the Court against the Common Agent in Ranking of Newlaw. He sought exoneration from the price of lots 1st and 7th of the estate of the deceased David Currie and delivery up of the bond.
Cowan v. M'Intosh and Others	1795	Adjudication, Interest, Disposition, Feu duties, Rent, Feu	Robert Cowan petitioned the Court to overturn an interlocutor that had dismissed his process against Mary and Katharine Gordon, the exposers of lands in Blythwoodholme. M'Intosh and others, as respondents, opposed the suspension by arguing that Cowan had breached the articles of roup by failing to grant bond for the purchase price and drawing rents without security.
Crosby and Attorney v. Maidment	1798	Debt, Aliment, Creditor, Assignment, Usury, Interest
Eden, Ridley, and Company v. Threipland, et al	1798	Debt, Bankruptcy, Cautioner, Interest, Creditor, Interlocutor	Eden, Ridley, and Company, as chargers, sought enforcement of a bond to recover interest calculated on each individual advance, disputing the position of Dr Stewart Threipland of Fingask and George Oswald of Auchincruive, as suspenders, that liability extended only to principal and interest accruing from the date of bankruptcy. The suspenders maintained that the chargers' demand for additional interest ran contrary to prior interlocutors and established accounting practices.
Edinburgh Oil Gas Light Company v. Sir William Baillie of Polkemmet, Baronet, and Others, Trustees of the deceased Da…	1835	Debt, Statute, Contract, Partnership, Interest, Succession	The Edinburgh Oil Gas Light Company raised an action against Sir William Baillie of Polkemmet and others, as trustees of the deceased shareholder David Clyne, to enforce statutory calls for unpaid shares under the Edinburgh Oil Gas Company Act. The defenders denied liability, contending that the company had abandoned its oil-gas operations and improperly transferred its assets to a coal-gas concern, thereby invalidating the demands. The pursuers maintained their statutory right to recover expenses from the estate, while the defenders persisted in their challenges and ultimately reclaimed against the interlocutor, seeking to sustain their defences and be assoilzied from the action.
George and Wilsons v. Wilson	1789	Succession, Tack, Aliment, Lease, Trustee, Interest	George, David, and Mary Wilsons, children of the deceased George Wilson, answered the petition of James Wilson concerning Foulden-Newton, maintaining that the petitioner's claims were without foundation and that the case had been fully determined. Based on the single document cataloged for this case.
Gloag v. Thomson and Others	1793	Debt, Usury, Bill of Exchange, Interest, Aliment, Creditor	Gloag petitioned the Court of Session to alter the Lord Ordinary's interlocutor, which had assoilzied Thomson and the other defenders from an action for repayment of a £50 counter-bill. He subsequently petitioned again to alter the Court's subsequent interlocutor in the same cause. The representatives of James Thomson argued that the £50 bill was valid and that a prior bill for £107 10s had been paid.
Gordon v. Traill	1832	Debt, Creditor, Interest, Trust, Lease, Interlocutor	William Gordon and others, as pursuers, presented a reclaiming note against an interlocutor pronounced by Lord Mackenzie in their action against the defender Traill. Based on the single document cataloged for this case.
James Donaldson and James Pinkerton v. The Manchester Insurance Company	1831	Insurance, Debt, Insurance Claim, Bill of Exchange, Interest, Assignment	James Donaldson and James Pinkerton raised an action against the Manchester Insurance Company to recover payment under a fire insurance policy for wheat destroyed in 1829, claiming £408 1s. 11d. plus interest and costs. The defenders denied the competence of the action and asserted that the claim was void and barred. The parties thereafter joined issue on whether the defenders were liable for the loss of wheat and whether the policy had been discharged.
John Court, S.S.C., Common Agent v. Mrs Tierney	1832	Debt, Creditor, Interest, Arrestment, Consignation, Interlocutor	John Court, S.S.C., Common Agent, pursued Mrs Tierney in a multiplepointing and exoneration proceeding concerning the estate of Lewis Cuthbert, Esq. The action arose from a process raised by Abram Wildey Robarts against Cuthbert's creditors and representatives, and subsequently the Earl of Galloway and J. A. S. M'Kenzie reclaimed against an interlocutor issued by Lord Fullerton, asking the Court to alter his decision.
Landale v. Carmichael, et al	1792	Debt, Adjudication, Interest, Teinds, Creditor, Security	David Landale, surgeon in Leven, sought to reduce decrees of adjudication and expiry of the legal granted against his uncle Thomas Landale, arguing that the claims contained pluris petitio and had been extinguished by intromissions made within the legal period. After Edward McCormick petitioned to alter an interlocutor, Landale renewed his challenge in 1794 on grounds of pluris petitio, informality, and extinguishment, prompting the defenders to file duplies confined to factual allegations. Landale subsequently maintained that adjudication being an articulate diligence, a pluris petitio in one article did not invalidate the entire decree.
M. M'Kenzie v. C. Mackintosh	1828	Expenses, Interest, Interlocutor, Arrestment, Debt, Creditor	M. M'Kenzie, as pursuer, raised an action against C. Mackintosh, as defender, regarding a fund in medio, and the Court upheld the oath references, granted a commission, dispensed with the minute-book, and awarded the fund to Campbell Mackintosh. Based on the single document cataloged for this case.
MacDonald v. MacGillivray	1793	Succession, Liferent, Trustee, Creditor, Interest, Debt	Alexander Macdonald, trustee for the creditors of bankrupt Lieutenant Alexander Fraser, sued Farquhar Macgillivray to recover £400 due under a bond. Thomas, Alexander, and Ann Fraser, children of Lieutenant Fraser, argued that the fee of the lands of Aberchalader was vested in their mother rather than their father and thus not subject to the creditors' claim. Macgillivray maintained that the fee of the £400 was vested in Lieutenant Fraser rather than his wife or children.
Magistrates and Town-Council of Glasgow v. Anderston Brewing Company	1785	Interest, Debt, Libel, Interlocutor, Succession, Arrestment	The Magistrates and Town-Council of Glasgow pursued Murdoch, Warroch & Co., brewers at Anderston, for duties on ale and beer sold in the city, while the defenders claimed exemption on the ground that they operated outside the city boundaries and had previously agreed to pay only 10d per barrel rather than the 13d claimed. The magistrates petitioned to amend their libel to include interest on the duties, which the brewers opposed as improperly raised at so late a stage. Both parties subsequently lodged reclaiming petitions against the Court's interlocutors, the brewers maintaining their denial of liability for the full duty.
Muirhead, Hay, and Company v. Dunmore	1792	Debt, Creditor, Sequestration, Interest, Interlocutor, Prescription	Muirhead, Hay, and Company, merchants in Glasgow, pursued Robert Dunmore for payment of debts contracted in Virginia, contending that Dunmore was liable as a partner of Logan, Gilmour, and Company. Dunmore defended the action on the grounds that the debts were prescribed, lacked proper documentary support, and were improperly pursued following forfeiture in Virginia.
Purdie v. Lord Swinton's Interlocutor	1788	Debt, Aliment, Succession, Adjudication, Interest, Rents	Thomas Purdie petitioned the Court to alter Lord Swinton's recent interlocutor entered against him and to find that no expenses were due. Based on the single document cataloged for this case.
Quirk v. Buchanan	1793	Debt, Bill of Exchange, Creditor, Agent, Interest, Arrestment	Pursuer Matthew Quirk petitioned the Court to remit the interlocutor of Lord Dreghorn refusing a bill of suspension against defender Buchanan. Based on the single document cataloged for this case.
Thomas Thorburn v. Thomas Ranken	1832	Debt, Creditor, Trustee, Ranking and Sale, Disposition, Interest
William Gilmour and Others v. William Finnie and Benjamin Greig	1832	Expenses, Assignation, Credit, Interest, Suspension, Interlocutor	William Finnie and Benjamin Greig, defenders in the action raised by William Gilmour and others, presented a reclaiming note against an interlocutor pronounced by Lord Corehouse. Based on the single document cataloged for this case.