AI-transcribed

Acts of management. To intromit with; to assume management of. Vitious Intromission; an act which constitutes a party executor de son tort.

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.

Legal Subject: Intromission

Case Date Legal Subject Abstract
Agnes Watson v. Mary Rae 1773 Bonds, Debt, Aliment, Intromission, Adjudication, Succession This case was about the ability of minors, when choosing their own curators, to agree that those curators would not be liable for omissions (as opposed to active interference with the minors’ property). Greenock merchant James Watson, the father of pursuer Agnes Watson, died leaving three minor children. The children chose several curators to manage their affairs, including James’s business partner Robert Rae. The “act of curatory” that empowered these curators included a clause absolving them of liability for omissions. After the Watson children came of age, they sued the curators for mishandling the estate. The proceeding stretched over many years, and after the curators died, Agnes Watson continued the action against their representatives. One of these representatives was defender Mary Rae, daughter of Robert, who contested a number of Agnes’s claims. In particular, Mary argued that she could not be held responsible for the curators’ failure to collect certain debts, because the act of curatory shielded the curators from liability for omissions. In response, Agnes argued that minors could not elect curators subject to such a condition.
Agnes Watson, and James Taylor, her Husband v. Agnes Mathie, and James Weir, her Husband 1775 Debts to estate, Tutors and Curators, Debt, Intromission, Aliment, Arrestment Greenock merchant James Watson, the father of pursuer Agnes Watson, died leaving three minor children. The children chose several curators to manage their affairs, including two of James’s business partners, Robert Rae and Gabriel Mathie. Robert Rae took on primary responsibility for the curatorship. After the Watson children came of age, they sued the curators for mishandling the estate. The proceeding stretched over many years, and after the curators died, Agnes Watson continued the action against their representatives; one such representative was defender Agnes Mathie, daughter of Gabriel. Agnes Mathie initially failed to participate in the case, but after being held liable in a sheriff’s judgment, she raised several defenses. First, Mathie claimed that the pursuers had orally renounced any claims against her father. Second, Mathie argued that certain sums were received by Robert Rae without the authority of a quorum, and that the other curators should not be held responsible. Finally, Mathie argued that Rae had received certain payments in his private capacity as manager of a mercantile venture with James Watson. According to Mathie, Rae had good credit, so there was no reason to punish the other curators for failing to collect what he owed to Watson. In response, Agnes Watson argued that the curators were liable for failing to exercise diligence in collecting open debts.
College of Glasgow v. Selkirk, Miller, and Stirling 1793 Feu duties, Debt, Tack, Teinds, Factor, Intromission The College of Glasgow petitioned against Selkirk, Miller, and Stirling, challenging a June 1792 interlocutor that limited overpayment offsets to cautionary branches and arguing for proportional application across all revenue branches. Based on the single document cataloged for this case.
Creditors of Robert Deans v. Dr. James Pringle 1764 Debt, Creditor, Aliment, Factor, Succession, Intromission The creditors of Robert Deans petitioned the court to review an interlocutor affecting the interest of Dr. James Pringle, physician in Richmond, who answered their objections. Andrew Chalmer, writer in Edinburgh, acting in right of the deceased Alexander Deans and his creditors, then petitioned to remit an accusation by Pringle that Chalmer had charged sums intromitted by Thomas Mackenzie to Mrs Campbell and again to the respondent. Pringle defended his statements in duplies and a reply, maintaining their accuracy and urging private clarification over public complaint.
James Stewart v. Alexander Scot 1830 Cautioner, Factor, Creditor, Intromission, Aliment, Mandate James Stewart, as pursuer, submitted a revised case against Alexander Scot, the defender. Based on the single document cataloged for this case.
Maclauchlan and Campbell v. Campbell and Macnicol 1794 Aliment, Debt, Succession, Prescription, Intromission, Factor Grace Campbell, co-heiress and creditor under her father's marriage-contract, and Maclauchlan pursued the representatives of the late Colin Campbell of Ballinaby for count and reckoning. The defenders petitioned to be assoilzied from the action, and Maclauchlan sought alteration of a recent interlocutor. The pursuers subsequently argued that a tutor who failed to make inventories was not entitled to plead decennial prescription.
Marion Kilpatrick v. John Macalpine 1792 Intromission, Trustee, Debt, Executor, Factor, Succession
Mather v. Caldwall 1775 Caution, Interlocutor, Intromission, Debt, Adjudication, Liferent This case was about the management of an estate by respondent Robert Caldwall, who served as tutor to his infant nephew. Petitioner William Mather, another uncle of the infant, alleged that Caldwall had mismanaged the estate. He therefore sought to have Caldwall removed as tutor or, in the alternative, ordered to prepare inventories of the estate and to find caution. The court initially ordered Caldwall to find caution, but Mather alleged in a subsequent petition that Caldwall had failed to do so and should be removed as tutor. In response, Caldwall alleged that John Wilson, the town clerk of Glasgow, had refused to accept his caution out of partiality to Mather. Caldwall requested an order requiring Wilson to accept the caution offered.
Messrs Aitchison, Brown, and Company v. Lord Monboddo's Interlocutor 1792 Bankruptcy, Debt, Intromission, Creditor, Proof, Fraud Messrs Aitchison, Brown, and Company petitioned the Court to alter Lord Monboddo's recent interlocutor. Based on the single document cataloged for this case.
Mrs Florence M'Leod v. Mr John Nicolson 1768 Debt, Liferent, Aliment, Succession, Intromission, Disposition Pursuer Florence Macleod brought an action against Mr. John Nicolson, claiming that he had intromitted with the effects of her late husband Donald Nicolson (i.e., that John had taken Donald’s effects without legal authority). John admitted this intromission. However, he alleged that Macleod had likewise committed an intromission, by taking possession of an annuity from her first husband, Archibald Macqueen of Tote. According to John, Macleod had conveyed the annuity to Donald, and therefore it rightfully belonged to Donald’s heirs.
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.
Neilson, et al v. Sinclairs 1786 Feu duties, Teinds, Wadset, Reversion, Disposition, Intromission George Neilson, Benjamin Sinclair, and other creditors of Robert Manson-Sinclair of Bridge-end pursued Mrs Henrietta Sinclair, Janet Sinclair, and their husbands regarding debts owed by the debtor, petitioning the Court to alter Lord Ankerville's interlocutor of 9 August 1786. The defenders answered the petition, responding to the creditors' claims against Robert Manson-Sinclair.
William Cuningham and Company v. Gilbert Lang 1775 Factor, Intromission, Debt, Bankruptcy, Arrestment, Diligence Defender Gilbert Lang formed a partnership with John Wright Jr. for the purpose of manufacturing and selling snuff tobacco. The firm failed, and to accomplish payment of its debts, Lang assigned the partnership’s assets to Cuningham and Company, its principal creditor; Cuningham, in return, granted Lang a factory to dispose of the goods and collect any debts due to the partnership. A dispute arose over Lang’s management of the assets, and Cuningham and Company filed suit.

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