AI-transcribed

A power of attorney. Mandatory, one holding a mandate. Mandant, one granting a mandate.

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: Mandate

Case Date Legal Subject Abstract
Alexander Mudie v. John Ouchterlony 1766 Mandate, Debt, Rent, Lease, Arrestment, Proof Pursuer Alexander Mudie claimed that Alexander Ouchterlony had verbally commissioned him to purchase a tenement in Arbroath without disclosing that Oucterlony was his principal. Mudie was sued in connection with the deal and, in turn, raised an action against Ouchterlony; however, Ouchterlony died while the litigation was pending. Mudie then renewed the process against Ouchterlony’s representatives. They denied any knowledge of the commission and argued that it could only be proved by a writing.
Davidson v. Elphinstone 1802 Mandate, Freeholder, Property rights, Title (detour), Landlord, Retour Robert Hill, as the agent of the Honourable Charles Elphinstone, Captain of the Royal Navy, claimed property rights of Eastern Glenboig, otherwise known as Endboig, with the mill, mill-lands, and other land (County of Stirling). The Title-deeds (Detour) and other records related to the case were submitted in order to support the enrollment of C. Elphinstone. Harry Davidson objected, first that the titles were not legal evidence of the old extend, and second, that Hill was not entitled to act in name and on behalf of H. Charles Elphinstone, because he was out of the Kingdom and there was no special mandate granted to Hill for such purposes. Taking into consideration the objections, the Lords sustained that H. Charles Elphinstone could not be enrolled as a freeholder (landlord) of the Glenboig.
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.
Samuel Cole, &c v. Ephraim Flamare, &c 1772 Debt, Bankruptcy, Arrestment, Sequestration, Statute, Mandate Samuel Cole, pursuer, was a silk-weaver based in London. Some of his silk (worth £3,000 Sterling) was stored in a warehouse in Canongate, a district of Edinburgh. Cole declared bankruptcy. Shortly after this, Flammare, defender and creditor of Cole, went to Edinburgh to seize Cole's silk in Canongate by using an admiral-precept. William Cole, brother and creditor of Samuel Cole, along with other creditors of Samuel Cole, also took out an admiral-precept on Samuel Cole's effects in Edinburgh. These other creditors sought an equal distribution of Cole's property among the creditors. Flammare alleged, among other procedural defects, that the other creditors' application for sequestration was ineffective under the applicable bankruptcy statute because the case involved an English, not Scottish, debtor.
Stewart V. Ireland 1796 Conveyance, Disposition, Mandate, Diligence, Freeholder, Election contest Charles Stewart petitioned to overturn the freeholders' refusal to enroll him on the roll of freeholders, resting his claim upon titles and a valuation certificate, and William Ireland answered that the qualification was nominal and fictitious and that no mandate had been produced. The parties exchanged replies and duplies disputing the validity of the claim and seeking commission to recover material writings, after which Ireland petitioned against an Inner-House interlocutor that had found the freeholders erred in refusing admission. Stewart subsequently moved the court to apply a recent judgment of the House of Peers and to modify the account of expenses.
The Interim Factor on the Sequestrated Estate of Bertram, Gardner & Co v. David Thomson 1794 Debt, Bankruptcy, Hypothec, Sequestration, Mandate, Election contest Richard Hotchkis, as interim factor on the sequestrated estate of Bertram, Gardner & Co, petitioned the Court to ordain David Thomson to deliver up all writings in his possession belonging to the bankrupts, with reservation of Thomson's hypothec. Based on the single document cataloged for this case.

Documents discussing this subject (showing 100 of 117)