| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Stein v. Marshall | 1803 | Proof, Bankruptcy, Defamation, Debt, Aliment, Interlocutor | After he obtained a discharge from his creditors, the pursuer brought an action against James Marshall, alleging that he had defamed the pursuer’s character. The defendant sustained that the pursuer was fraudulently bankrupt and thus, he affirmed that the pursuer's creditors were defrauded. The pursuer's petition was refused, because he based his claim on a private conversation between the defendant and Robert Jaimeson, one of his creditors. The Court held that conversation was not relevant to prove the claim of the pursuer. |
| Stobie v. Morison, et al | 1788 | Succession, Debt, Proof, Aliment, Collation, Action | David Stobie, writer in Edinburgh, as pursuer, disputed Catharine Morison's claim to half the executry of her deceased brother Adam Morison. Morison and her husband, John Wilson, petitioned the Court to alter an interlocutor pronounced by Lord Stonefield in the cause. Stobie answered the petition, resisting her claim to the executry. |
| Thomas Beattie v. Thomas Tod | 1793 | Infeftment, Charter, Disposition, Proof, Sasine, Title | Petition and Complaint entered by Mr. Thomas Beattie regarding his claim to join the roll of Freeholders. Mr. Beattie bought the rights to the lands of Hartsgarth and Langhaugh from Mr. Sharp. He then purchased the superiority of the lands from the Duke of Buccleugh, the superior of the lordship of Liddiesdale and most of the parish of Castleton, original owner of Hartsgarth and Langhaugh. Mr. Tod, Writer to the Signet, denied admission to the roll of Freeholders on the grounds that Mr. Beattie had not provided adequate proof that the lands of Hartsgarth and Langhaugh lie within the lordship of Liddiesdale, meaning that the Duke of Buccleugh could not sell the superiority to Mr. Beattie. Mr. Beattie petitions the court to stipulate that the burden of disproving his claim lies with the the Freedholders, or alternatively, to rule that the additional documents provided by Mr. Beattie establish proof. |
| Thomas Wright v. John Ure | 1766 | Deathbed, Succession, Witness, Proof, Deed, Evidence | James Ure of Shirgarton, W.S., executed a settlement of his estate in favor of his nephew James. The settlement also named a series of substitutes, including any heirs-male born of John Wright of Easter Glinns and Christian Ure, Shirgarton’s sister. After Shirgarton died, his brother John challenged the settlement on the ground that it was executed on deathbed. With the settlement’s validity in question, John and young James came to an agreement that gave John a life rent and promoted Mary Ure, young James’s sister, in the line of succession. Mary eventually succeeded to her brother’s fee. After many years, however, Thomas Wright, the son of John Wright and Christian Ure, sought to void the titles held by John and Mary. In response, John renewed his action to void the alleged deathbed deed. Case documents discuss issues relating to the proof of certain facts, including Shirgarton’s health when the settlement was executed and alleged efforts to influence witnesses. |
| Viscount of Arbuthnott v. Gilles | 1793 | Reduction, Aliment, Proof, Tack, Debt, Lease | John, Viscount of Arbuthnott pursued Colin Gillies regarding leases granted by the late Viscount, alleging that the deceased had lacked capacity and acted under Gillies’ undue influence when granting long leases of his estates. The defender maintained the late Viscount’s competence and business acumen, producing witness testimony and sixty-eight letters to establish the fairness of the contractual terms and rebut claims of lesion, while the pursuer petitioned to renew commissions for proving incapacity and sought to compel Gillies to produce books and evidence regarding a farm-victual transaction. The litigation involved disputes over procedural delays, the sufficiency of proof regarding the Viscount’s mental state, and the production of financial records and correspondence relating to rent payments and lease obligations. |
| Waugh v. Trustees for Ruecastle's Creditors | 1789 | Agent, Trust, Process, Proof, Witness, Arrestment | Thomas Waugh, writer in Jedburgh, petitioned against a Lord Alva interlocutor, objecting to the admissibility of Andrew Reid as a witness. The Trustees for Ruecastle's Creditors, together with Richard Tod, merchant in Leith, and other creditors of Walter Ruecastle and John Scott, answered the petition, defending Reid's qualification to testify. |
| Wylie v. Johnstone and Jardine | 1794 | Debt, Bankruptcy, Arrestment, Bill of Exchange, Creditor, Proof | Alexander Wylie pursued Johnstone and Jardine regarding a bill whose date had been altered, contending that the change did not vitiate the instrument and that the defenders were not present at Langholm when the alteration was made. The respondents denied fraud, asserting that the date had been modified only after they had signed the bill, and they challenged the credibility of the witnesses upon whom Wylie relied. |
| Young v. Hernderland's Interlocutor | 1793 | Aliment, Mala Fides, Libel, Oath, Proof, Creditor | Pursuer John Young, tenant in Upper Nisbet, petitioned the Court to remit Lord Henderland's interlocutor. Based on the single document cataloged for this case. |
| [MERGED → 4141] Stein v. Marshall | 1804 | Proof, Bankruptcy, Defamation | After he obtained a discharge from his creditors, the pursuer brought an action against James Marshall, alleging that he had defamed the pursuer’s character. The defendant sustained that the pursuer was fraudulently bankrupt and thus, he affirmed that the pursuer's creditors were defrauded. The pursuer's petition was refused, because he based his claim on a private conversation between the defendant and Robert Jaimeson, one of his creditors. The Court held that conversation was not relevant to prove the claim of the pursuer. [This case appears twice in the SCOS database. See ID #4141 for additional documents.] |
Documents discussing this subject (showing 100 of 538)
- 9.—Unto the Right Honourable the Lords of Council and Session, NOTE OF ADVOCATION for Thomas Kirkpatrick, formerly Overseer or Grieve at Hallmanor, now residing at Cocket Lane, nea
- Adam Ferrie v. David Mathie — Answers, 14 Jun 1824
- Adam Ferrie v. David Mathie — Answers, 4 Sep 1823 [2]
- Addison — Duplies, 20 Feb 1793
- Alex. Watson v. Ann & Isobel Watsons — Interlocutor, 15 Feb 1834
- Alexander Bowie v. Robert Young, William M'Alley, Archibald Gilchrist and Others — Answers, 5 Jul 1824
- Alexander Brodie of Lethen v. Sir Ludovick Grant of Grant, Sir Alexander Grant of Delvey, Sir William Dunbar of Durn, Captain Duncan Urquhart of Burdieyards, and others — Duplies, 25 Apr 1767
- Alexander Cuningham v. Mrs Cuningham — Answers
- Alexander Dewar v. Robert Munnoch — Bill of Suspension, 12 Nov 1829
- Alexander Dick, Junior v. William Richardson — Reasons, 13 Dec 1839
- Alexander Grant v. Lewis Ray and others — Petition, 10 Jul 1767
- Alexander Grant v. Lewis Ray and others — Petition, 23 Jun 1768
- Alexander M'Duff v. John Murray — Answers, 26 Feb 1793
- Alexander Mudie v. John Ouchterlony — Stateofthe Process, 13 Jan 1767
- Alexander Stewart v. John Isat — Petition, 25 Jul 1775
- Alexander Watson v. Ann and Isobel Watsons — Report, 3 Jan 1834
- Alexander Watson v. Ann and Isobel Watsons — State of the Process, 3 Jan 1834
- Alexander Watson v. Ann Watson & Others — Proof, 16 Jan 1832
- Alexander Watson v. Ann Watson and Isobel Watson — Report, 3 Jan 1834
- Alexander Watson v. Anne and Isobel Watsons — Proof, 18 Jan 1833
- Alexander Wylie v. Alexander Pagan and James Hunter — Information, 12 May 1792
- Allan Bogle v. Mess. Potts, Cooke, and Potts — Answers, 2 Dec 1809
- Allan M'Lean of Drimnin v. Patrick M'Arthur — Information, 13 Nov 1787
- Allan v. Stewart — Answers, 2 Aug 1773
- Allan v. Stewart — Information, 23 Oct 1771
- Allan v. Stewart — Memorial, 26 Jan 1773
- Allan v. Stewart — Petition, 18 Jun 1772
- Allan v. Stewart — Petition, 29 Jun 1773
- Andrew Aitken and others v. John Wilson and John Bannatyne — Information, 18 Jan 1780
- Andrew and Charles Stein v. William Hutchison — Answers, 23 Jun 1810
- Andrew Craig and James Craig v. Robert Montgomery — Answers, 8 Sep 1825 [2]
- Andrew Henry v. John Clerk — State of the Process, 1770
- Andrew Mackenzie v. The Creditors of Lieutenant John Newlands — Answers, 15 Jan 1793
- Andrew Ross and Others v. John Glasford and Company — Petition
- Andrew Ross and Others v. John Glasford and Company — Petition, 14 Jan 1771
- Andrew Ross and others v. John Glassford and company — Answers, 7 Feb 1771
- Andrew Stevenson v. Sarah Gardner, or Johnston, or Macmillan — Reclaiming Note, 18 Dec 1829
- Angus Macdonald and his Tutor v. James Macpherson — Answers, 26 Jun 1761
- Angus Sinclair v. James Hamilton of Aikenhead, Captain James Roberton of Earnock, Captain James Gilchrist of Ane's-field, Alexander Stewart — Information, 12 Nov 1768
- Angus Sinclair v. James Hamilton of Aikenhead, Captain James Roberton, James Gilchrist, Alexander Stewart, and John Doug — Information, 23 Sep 1768
- Ann Reid and Alexander Robertson v. David Jobson — Answers, 19 Dec 1827
- Ann Watson and Isobel Watson v. Alex. Watson — Defences, 14 Dec 1829
- ANS.—Colin Gillies, TO OBJECTIONS for the Viscount of ARBUTHNOT. ANSWERS FOR COLIN GILLIES, Merchant in Brechin, TO THE OBJECTIONS for the VISCOUNT of ARBUTHNOT to the Account of E
- ANS.—John Morthland, Esq; TO THE COND.—John Cadell, Esq; A. Ritchie, W. S. Agent. H. Clerk. ANSWERS
- ANSWERS FOR Henry M'Glashan Wright in Edinburgh; TO THE PETITION of Charles Stewart Vintner in Edinburgh, and Robert Gordon Keeper of the Canongate Tolbooth.
- ANSWERS FOR James Couts senior, Provost, Peter Skinner and Alexander Chrystie senior, Baillies, George Murison Dean of Guild, David Skinner, James Couts junior, James Dickson senio
- ANSWERS for Mr JOHN MORTHLAND, Advocate, to the CONDESCENDENCE given in in name of JOHN CADELL, Esq;
- APPENDIX
- Appendix to Petition for Adam Ferrie
- APPENDIX. No. I. LETTER, SAMUEL C. SOMERVILLE, the Pursuer's Brother, to Mr ROLLAND, W.S. dated Falmouth, 28th February 1808, and received in Edinburgh, as the Post-mark shews, on
- Archibald Affleck v. Provost, Magistrates, and Town-Council of the Burgh of Kirkcudbright — State of the Process, 13 May 1803
- Archibald Affleck v. The Provost, Magistrates, and Town-Council of the Burgh of Kirkcudbright — State of the Process, 13 May 1803 [4]
- Archibald Dickson v. Archibald Douglas — Answers, 30 Nov 1790
- Beck v. M'Clone — Petition, 20 Jul 1786
- Bellinger v. Monboddo's Interlocutor — Petition, 11 Jun 1793
- Birnie and Co. v. Weir — petition, 26 Jun 1799
- Burrell v. Lord Glenlee's Interlocutor — Petition, 9 Feb 1798
- Cadell v. Johnstone — Answers, 11 Jul 1799
- Captain James Cuthbert, James Grant, and Alexander Grant v. James Chapman — Answers, 30 Dec 1765
- Captain John Macdowall v. Francis Charteris Earl of Wemyss — Answers, 24 Sep 1788
- Captain William Simpson of Brunton v. John Malcolm — Answers, 28 Nov 1793
- Case, Messrs. Rundell, Bridge, & Rundell in Multiplepoinding Lady Montgomerie's Commissioners against Her Ladyship and Lord Montgomerie's Creditors. Case Messrs. Philip Rundell, John Bridge, Edmund Waller Rundell, and Thomas Bigge, of Ludgate Hill, L
- Charles Elphinston v. The Provost and Magistrates of the borough of Linlithgow — Memorial, 22 Sep 1767
- Charles Grant v. George Smith — Bill of Advocation, 11 Apr 1836
- Charles Johnstone, George Johnstone, Charles Johnstone, and Thomas Johnstone v. William Barrie and Christopher Kerr — Bill of Advocation
- Charles Lyell v. William Douglas — Replies, 17 Jun 1791
- Christiana Ramsay v. Charles Dalrymple — Memorial, 25 Jul 1767
- Clark v. Stuart — Petition, 11 Feb 1779
- Colin Gillies v. John, Viscount of Arbuthnott — Answers, 14 May 1795
- Colvill v. M'Ewan — Petition, 11 Nov 1793
- Company of Proprietors of the Monkland Navigation v. James Merry — Answers, 2 Feb 1822 [2]
- Condie of Strowie v. Principal and Masters of the United Colleges of St. Salvator and St. Leonard, in St. Andrews — Memorial, 21 Jun 1796
- Copland v. Ireland — Petition, 24 Jun 1786
- Cowan v. Mac Candlish — Petition, 21 Dec 1770
- Creditors for William Hunter v. David Armstrong and William Johnstone — Petition, 22 Dec 1785
- CSP-81 unsorted seg023
- Daniel Taylor v. Robert Willis and John Willis — Answers, 5 Jan 1813
- Daniel Taylor v. Robert Willis — Answers, 13 Feb 1812 [2]
- Daniel Taylor v. Robert Willis — Answers, 5 Jan 1813
- David Brown v. Walter Hunter — Information, 25 Jun 1795
- David Gordon v. Peter Sproat and James Knox — Answers, 16 Dec 1809
- David Henderson of Stempster v. John Sinclair of Ulbster — 1771
- David Jobson v. Ann Reid and Husband — Bill of Suspension, 26 Nov 1827
- David Johnston v. James Chalmers — Information, 1 Jul 1780
- David Johnston, Minister, and the Kirk-Session of North-Leith, and Robert Strang and Son Merchants v. James Chalmers and John Watson — Information, 22 Apr 1780
- David Lindsay v. Rebecca M'Kenzie alias Aird — Memorial, 25 Jan 1780
- David Lord Viscount of Stormont v. Sir William Douglas of Kilhead and Alexander Macconochie — Memorial, 15 Jan 1782
- David Naesmith Mason v. The Magistrates and Town-council of Glasgow — Answers, 5 Mar 1778
- David Pennington v. John Geddes — Bill of Advocation, 3 Jul 1813
- David Sinclair-Threipland v. Katharine Sinclair — Answers, 26 Oct 1772
- David Stobie v. Catharine Morison and John Wilson — Answers, 24 Apr 1788
- David Turnbull v. James and John Rankines and John Black — Information, 30 May 1795
- Dr William Somerville v. Captain John Rutherfoord and Mr John Thomson — Proof, 20 Jan 1814
- Dugald Campbell v. Hugh Price, James Stevenson, and James Alexander — Bill of Advocation, 1830
- Duguid's Trustees v. Duguid — Proof, 28 May 1827
- Duke of Gordon v. John Innes — Answers, 8 Apr 1824
- Duncan Campbell v. Malcolm Monro — Answers, 8 Sep 1814
- Earl of Airlie v. Rev. William Ogilvy — Defences, 24 Jan 1828
- Edinburgh and Glasgow Union Canal Company v. William Davidson — Condescendence and Answers, 29 Nov 1834
- Edward Bruce v. Walter Ross — Information, 10 Apr 1786