AI-transcribed

Any decree or judgment of a Court.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Case Date Legal Subject Abstract
Murdo Mackenzie of Ardross v. Thomas Houston of Creich 1829 Salmon Fishing, Interdict, Interlocutor, Res judicata, Possession, Aliment Documents available. Full description coming soon.
Murdoch v. Lord Dunsinnan's Interlocutor 1787 Decreet-Arbitral, Arbitration, Reduction, Interlocutor, Intromission, Suspension Elizabeth Murdoch, Alexander Smith, Jean Murdoch, and Christian Murdoch petitioned the Court to alter Lord Dunsinnan's interlocutor. Based on the single document cataloged for this case.
Murdoch v. Lord Rockville's Interlocutor 1791 Reduction, Disposition, Insanity, Verdict, Interlocutor, Infeftment William Murdoch petitioned the Court to alter Lord Rockville's interlocutor, which required him to extract proceedings from Cupar in an action of reduction. Based on the single document cataloged for this case.
Mures, et al v. Hannay, et al. 1793 Agent, Debt, Sale, Interlocutor, Creditor, Statute Sir Samuel Hannay and his co-defenders petitioned the Court to alter the Lord Ordinary's interlocutor, requesting either that the Court fix a time and place for creditors to elect a common agent for the sale and ranking or that it appoint Archibald Swinton or another person to that office. Based on the single document cataloged for this case.
Mustart v. Stonefield's Interlocuter 1794 Impress Service, Contract, Interlocutor, Interdict, Fraud, Collusion Alexander Muftart and John Muftart petitioned the Court of Session to alter its recent interlocutor in their case against Stonefield. Based on the single document cataloged for this case.
Myles v. Lyall 1797 Reduction, Debt, Bankruptcy, Cautioner, Interlocutor, Creditor Alexander Lyall, as cautioner, sought relief from liability against Myles under a bond limited to the Admiral’s decree, contending that the obligation did not extend to a later Court of Session reduction. Based on the single document cataloged for this case.
Palmer and Others v. Macmillan 1794 Interlocutor, Advocation, Contract, Property, Sequestration, Rent Palmer and Others, as defenders, argued that the Court of Session should affirm a Sheriff's interlocutor prohibiting Macmillan from exposing butcher-meat in front of his house. They presented information maintaining that the prohibition ought to be upheld.
Philips v. Buchanan 1797 Debt, Oath, Interlocutor, Partnership, Aliment, Suspension Pursuer John Phillips petitioned the Court of Session to alter its recent interlocutor reversing a ruling by Lord Armadale in his case against defender Buchanan. Based on the single document cataloged for this case.
Procurator-Fiscal of the County of Edinburgh v. Wilson 1787 Mala Fides, Interlocutor, Oath, Libel, Arrestment, Lease David Wilson, gardener at Roslin, petitioned the Court to alter its interlocutor refusing his bill of advocation against the Procurator-Fiscal of Edinburgh’s complaint charging him with hunting without a licence. William Scott, as Procurator-Fiscal, answered the petition, defending the interlocutor and responding to Wilson’s allegation that the reference to his oath was incompetent.
Ralston v. Dreghorn's Interlocuters 1793 Debt, Creditor, Compensation, Bill of Exchange, Assignation, Interlocutor Robert Ralston, as pursuer, petitioned the court against an interlocutor issued by Lord Dreghorn. Based on the single document cataloged for this case.
Ramsay, et al v. Smith 1798 Teinds, Stipend, Augmentation, Heritor, Aliment, Interlocutor John Ramsay, Alexander Anderson, John Niven, and Andrew Simpson, heritors of the parish of Bourtie, presented a second reclaiming petition asking the Court to alter its recent interlocutor. The Reverend William Smith answered the petition, and subsequently lodged duplies in which he also asked the Court to alter the interlocutor. The parties thus submitted successive pleadings regarding the alteration of the interlocutor.
Reid v. Lord Craig's Interlocutor 1794 Advocation, Test, Debt, Action, Interlocutor, Sheriff James Reid, as pursuer, petitioned the Court of Session to alter an interlocutor pronounced by Lord Craig. Based on the single document cataloged for this case.
Riddell v. Hope 1796 Lease, Tack, Rent, Possession, Adjudication, Interlocutor Sir James Riddell pursued Robert Hope, petitioning the Court to find the defender not entitled to damages and to remit the cause to the Sheriff simpliciter. Hope subsequently petitioned the Court to alter its recent interlocutor.
Riddell v. King 1796 Debt, Creditor, Interlocutor, Decreet-Arbitral, Trustee, Representation Sir James Riddell of Ardnamurchan and his co-pursuers petitioned the Court to alter an interlocutor that had found them personally liable for a debt due by the deceased Mrs Paterson, explaining that they had not yet recovered any executry funds. The deceased’s executors subsequently petitioned for permission to delay further the recovery of those funds, despite admitting liability and acknowledging that ample estate assets remained available.
Ritchie v. Patersons 1794 Succession, Aliment, Interlocutor, Liferent, Debt, Jus Relictæ Agnes Ritchie pursued the Patersons for one-fifth of her grandfather John Paterson’s moveable estate under his settlement, seeking to claim the share notwithstanding her mother’s predecease. The defenders maintained that she was entitled only to one-fifth of the dead’s part of the estate rather than one-fifth of the whole personal estate.
Robb v. Bogg 1794 Interlocutor, Agent, Clerks of Session, Mala Fides, Suspension, Act of Parliament In Robb v. Bogg, Thomas M'Grugar petitioned the Court to alter an interlocutor that had turned a null decree into a libel and ordered him to plead the merits. Based on the single document cataloged for this case.
Robert Wark v. William Wotherspoon 1830 Expenses, Assignation, Tack, Rent, Interlocutor, Irritancy William Wotherspoon sought suspension of a decree obtained by Robert Wark ordering him to pay £9, 13s. 5½d. and extract dues. Wotherspoon defended the suspension on the ground that an assignation of lease from Mr Young was necessary for debt recovery, while denying Wark’s allegations of arrears and encroachment. He subsequently lodged a reclaiming note asking the Court to recall the interlocutor and suspend the letters simpliciter, and obtained an additional appendix allowing him to print the defences, replies, condescendence, and answers from the inferior court process.
Ross v. Forbes, Hunter, and Company 1792 Agent, Interlocutor, Insurance, Creditor, Debt, Statute Donald Ross petitioned the Court to alter its recent interlocutor in an action against Forbes, Hunter, and Company regarding liability for damages. The defenders answered petitions by Catharine Ross and Alexander Mackenzie by arguing that they were not liable because the broker and underwriters were directly responsible. The litigation thus turned on whether the defenders could avoid liability by attributing responsibility to these third parties.
Ross, et al. v. Aglianby 1796 Debt, Terce, Jus Relictæ, Deed, Succession, Interlocutor Ross and others pursued Aglianby in a dispute over estate distribution involving competing claims to terce and conventional provisions. Mrs Lowthian challenged an interlocutor voiding her conventional provisions and sought to retain funds and claim terce from her late husband's estate, prompting the respondents to answer regarding the exclusion of terce and the effect of obligations to George Mackenzie's trustees. Mrs Sarah Aglianby subsequently petitioned the court to alter its recent interlocutor respecting her own claim to terce from her husband's Scottish lands.
Scott v. Steuart 1795 Interlocutor, Servitude, Property, Debt, Action, Arrestment William Scott petitioned the Court to overturn an interlocutor of the Lord Justice Clerk regarding David Steuart. Steuart answered the procurator-fiscal's argument that his necessary-house constituted a public nuisance. Scott subsequently petitioned the Court to alter its recent interlocutor against Steuart concerning the latter's obligation to clean a ditch adjoining a public road.
Scott v. Stonefield's Interlocutor 1793 Interlocutor, Caution, Possession, Suspension, Security
Shepherd v. Lord Swinton's Interlocutor 1787 Arrestment, Interlocutor, Cautioner, Debt, Sequestration, Citation James Shepherd petitioned the Court to remit the Lord Ordinary's interlocutors pronounced against him. Based on the single document cataloged for this case.
Shiells v. Lord Duncan's Interlocutor 1788 Suspension, Reduction, Citation, Interlocutor, Caution, Exhibition Shiells, as petitioners, challenged Lord Dunfinnan’s interlocutor, arguing that a suspender could proceed as pursuer without awaiting the charger’s mora and that a late protestation could not invalidate prior steps. Based on the single document cataloged for this case.
Simpson v. Malcolm 1793 Debt, Interlocutor, Aliment, Creditor, Partnership, Citation Captain William Simpson of Brunton pursued John Malcolm, butcher in Dunnikier, in a dispute involving allegations of partnership and challenges to interlocutory orders. Simpson petitioned to overturn Lord Dreghorn's interlocutor suspending the letters simpliciter, prompting Malcolm to answer and deny the partnership while citing procedural irregularities. Malcolm subsequently petitioned to alter the Inner-House interlocutor, to which Simpson replied by raising claims of prescription and improper citation.
Simsons v. Nasmyth 1797 Lease, Tack, Possession, Rent, Interlocutor, Locus Poenitentiae William and Walter Simsons petitioned against Lord Ankerville's interlocutors to assert their right to possess the lands of Easter Dawick and Newholmhope under a minute of tack. Sir James Nasmyth rejected their claim, contending that the alleged lease rested upon an unsigned and undated offer deficient in essential terms, and further alleging that the tenants' misconduct warranted their removal.
Skirving and Young v. Vernor 1796 Tack, Lease, Rent, Teinds, Interlocutor, Heritor Skirving and Young, as tenants of Monktonhall lands under the Earl of Wemyss, claimed a proportional share of the church seats in Inveresk parish against Vernor, who asserted that his title to the aisle derived from a direct and express missive of 1763. The pursuers sought to compel a division of the seats, while the defender argued that they possessed no legal right to enforce such a partition. The case turned on whether tenants could claim proportional seating against an express title and compel division of the church accommodation.
Smart v. Interlocutor of Court 1793 Hypothec, Debt, Interlocutor, Bankruptcy, Collusion, Contract John Smart presented a reclaiming petition asking the Court of Session to alter its recent interlocutor. Based on the single document cataloged for this case.
Stewart v. Magistrates and Town Council of St. Andrews 1792 Election contest, Suspension, Reduction, Interdict, Election, Interlocutor Robert Stewart, claiming to be the duly elected Deacon of the Incorporation of Wrights in St Andrews, petitioned the Court to set aside the election of John Edie and declare his own title valid, alleging that Edie’s election was voided by a court interdict and insufficient legal votes. The Magistrates and Town Council of St Andrews defended Edie’s election as lawful and accused Stewart of unlawful usurpation of the office. The litigation proceeded through successive petitions and answers, with Stewart additionally moving the Court to alter interlocutors regarding expenses and other procedural orders.
Stobie v. Scotland 1786 Tack, Interlocutor, Aliment, Lease, Possession, Sasine John Stobie, a writer in Edinburgh, petitioned the Court to overturn a sheriff’s interlocutor that had absolved John Scotland, tenant in Lufcar, from the complaint. The dispute concerned legal objections to a holograph agreement. Scotland answered the petition, responding to the pursuer’s challenges to the instrument.
Sutherland v. Caledonian Society of Edinburgh 1797 Jurisdiction, Arbitration, Interlocutor, Libel, Statute, Expenses John Sutherland, as pursuer, petitioned the Court to remit the interlocutor of Lord Glenlee dismissing his action against the Caledonian Society of Edinburgh, the defender, for wrongful expulsion and denial of burial money. Based on the single document cataloged for this case.
Walker v. Interlocutor 1802 Interlocutor, Alter, Bankruptcy The pursuer acted as agent of Smith, Johnstone and Company in Glasgow to buy some goods on its behalf. After one of the partners of the company died, it fell into a disorder and became bankrupt. Mr. Walker was appointed attorney to represent the company before the creditors’ meeting. The pursuer proposed certain measures to protect the creditors of Smith, Johnstone and Company; however, the agents of the creditors refused them. Then, the creditors agents wrote letters to discredit Mr. Walker. Therefore, he submitted an action against some creditors, as well as Mr. John Shiels and Robert Graeme, to recover damages incurred by their misrepresentations and illegal and oppressive acts. In the meanwhile, the pursuer entered into bankruptcy, so he brought the present petition to the lordship to modify the interlocutors with regards to his situation, to allow him to continue with the action of damages without the concurrence of the trustee and his creditors, and to submit some proof of the acts.
Wemyss v. Hope 1792 Lease, Tack, Interlocutor, Interdict, Res judicata, Arrestment Francis Charteris, Earl of Wemyss, petitioned the Court to alter Lord Ankerville's interlocutor in his action against Sir Archibald Hope concerning coal rights in Woolmet and Hill. Hope answered, disputing Wemyss's arguments on the merits of the coal rights, and separately petitioned to alter the same interlocutor insofar as it repelled his objection of *res judicata*. The litigation thus involved competing petitions to alter the interlocutory judgment, presenting both substantive questions of mineral rights and procedural questions of claim preclusion.
White v. Innerhouse Interlocutor 1801 Aliment, Interlocutor, Creditor, Sheriff, Debt, Succession Mary Tait, spouse of William White, answered the petition of George White by asserting that the grandfather was legally liable to support his granddaughter during the father's absence. Based on the single document cataloged for this case.
White v. Stalker and M'Ra 1788 Debt, Aliment, Succession, Interlocutor, Cautioner, Creditor John White petitioned to alter the interlocutor regarding the intromissions and discharge of John Stalker, the tutor who died in 1779, insisting upon his own posthumous call. Poor Isobel Stalker and Mary M'Ra answered, responding to the Lord Ordinary’s interlocutor upon defects in the tutor’s accounts and inventory.
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.
Woddrop v. Finlay 1793 Decreet-Arbitral, Tack, Arbitration, Interlocutor, Reduction, Debt John Finlay, defender, answered the petition of William Woddrop, pursuer, arguing that the interlocutor should not be altered and that the arbiters’ explanation was necessary to ascertain material justice. Based on the single document cataloged for this case.