Legal Subject: Title |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Aitken v. Orr | 1802 | Title, Property right, Husband who raises action in the name of his wife | Jean Aitken originally left her property to her sisters, Mary and Margaret Aitken, but 14 days before her death and on her deathbed, she changed her will and instead left all of her property to her niece, Mary Hugh Orr, the daughter of petitioner Margaret Aitken by a former husband. Mary and Margaret Aitken, as well as their husbands, brought an action of reduction against Mary Hugh Orr. Mary Orr claimed that the Aitkens had not produced proof of their original claim to the inheritance, and also that their husbands had brought the claim in their names without their consent. The Aitkens sisters husbands were ordered to produce written statements in their wives' hand writing indicating their consent, but the date the statements were due to the court passed without their submission. The Lord Ordinary held that the case should be dismissed in favor of the defenders, because the wives may be obligated to produce their concurrence to exercise their right. The Aitken sisters then objected to this ruling claiming that there is a legal presumption that husbands have the authority to speak for their wives, since married women are considered to have the same legal status as minors, and their husbands are their guardians. The marginalia notes that on 11 of February, 1802, the claim was "refused without [?]." |
| Alexander-James Grant v. Countess of Sutherland | 1773 | Debt, Adjudication, Ranking of Creditors, Sequestration, Sasine, Title | Alexander-James Grant petitioned the Court to alter its recent interlocutor concerning the ranking of creditors. The Countess of Sutherland and her Tutors answered the petition, defending the existing determination of priority. |
| Andrew Wauchope and Others v. The Magistrates of Canongate | 1798 | Prescription, Possession, Act of Parliament, Statute, Title, Burgh | The Magistrates of Canongate, defenders, were authorized by statute to levy customs duties at the Water Gate with respect to certain articles at particular rates. For many years, the Magistrates had charged higher rates and levied duties on articles not mentioned in the statute. In 1795, the Magistrates published a new table of duties that served to increase rates and to add new articles. Pursuers Andrew Wauchope, the Trustees of the Post Road District, and William Scott (Procurator-fiscal of the County of Edinburgh) challenged the Magistrates’ authority to charge duties not specifically authorized by the statute. |
| Dr William Park of Langlands, v. Robert Craig in Barkip | 1771 | Land dispute, Title, Adjudication, Creditor, Disposition, Liferent | William Park of Langlands, pursuer, claims that the lands of Barkip belong to him. Robert Craig Sr., defender, claims that he has the right to possess half of the lands of Barkip based on a heritable bond dating back to 1726. William Craig, brother of Robert Craig Sr. had the other half but after his death, his oldest son Robert Craig Jr. inherited it. William Park of Mainshill, the pursuer's father, granted a heritable bond to John Hamilton of Auchinvole. This bond apparently stipulated that Park's ancestors would give up the lands of Barkip if the bond was not paid on time. The bond was due in Martinmas 1732. Park claims that the bond was paid in part. He argues that the defenders only have an encumbrance on the lands of Barkip in the form of a debt, and not a right in the lands themselves. Park sets forth a distinction between "termly failzies" (real property obligations) and "ordinary penalties" (personal obligations). Park alleges that the process that put Craig in possession of the lands of Barkip was improper, thus he brings an action of reduction and declarator of extinction of the adjudication to defender. |
| Erskine v. Hay-Balfour | 1766 | Bonds, Debt, Adjudication, Succession, Title, Interlocutor | In 1717, James Balfour of Randerstoun and Thomas Hay of Edinburgh granted bond to Thomas Erskine. Upon Erskine's death, his three daughters each inherited a one third share of the bond. Janet, the youngest daughter, died without issue. This case involved a dispute over whether or not the other two sisters had a lawful claim to the full bond payment, including Janet's third and its interest. The defender, John Hay-Balfour and his Tutors, claimed that the two living sisters failed to take the legal steps required to vest in them Janet's share of the bond. Handwritten note on front page reads "refused." |
| Fleming and Elphinston v. Fleming and Grant | 1766 | Adjudication, Improbation, Succession, Prescription, Title, Reduction | This case involved competing claims to the title of the lands of Board and a dispute over the validity of Robert Fleming's descendence from the Flemings of Board. In 1758, Robert Fleming and his trustee John Grant brought an action of reduction against Lady Clementina Fleming to revoke her rights to the lands of Board. In 1761, Lady Clementina and her husband Charles Elphinstone initiated this counter-suit and brought an action of reduction against Robert Fleming and John Grant, in which they claimed that Robert Fleming was an illegitimate heir of the Flemings of Board and therefore had no claim over the lands of Board under dispute. |
| Inglis v. Gray | 1785 | Tack, Lease, Sequestration, Title, Infeftment, Removing | This case was about defender Walter Gray’s tack on the estate of Langwell. Shortly after Walter agreed to the tack, his brother William purchased Langwell. William granted bonds over the estate to Hugh Inglis and John Cartier as security for certain debts. Later, Inglis and Carter initiated court proceedings involving the property, which was sequestered under the supervision of a factor. Inglis also sought to void Walter’s tack or have Walter removed from the estate. Inglis alleged that Walter’s rent was far below the value of the property as stated on a rent roll that Walter had endorsed. Inglis also claimed that the tack would expire soon and that Walter was in arrears on his rent. Walter objected that Inglis’s security right, unlike a full property right, did not entitle him to challenge the tack or remove a tenant; when Inglis attempted to add the factor as a pursuer, Walter argued that this was a procedural irregularity. Walter also argued that William had granted him a new lease and that he was not in arrears on rent. |
| Lord William Gordon and Others v. Colonel Norman Macleod of Macleod and Others | 1791 | Freeholder, Statute, Possession, Election contest, Title, Court of Session | Lord William Gordon, Vice-Admiral of Scotland, presented a petition and complaint against Colonel Norman Macleod of Macleod, Arthur Forbes of Culloden, and others regarding the removal of his name from the Inverness-shire freeholders' roll. The complainer alleged that the respondents had acted irregularly in striking off liferent-voters, while the respondents contended that the four-month limitation period did not bar the removal of nominal or fictitious voters and that their conduct was legally justified. The parties exchanged answers, replies, and duplies addressing the procedural regularity of the expunging and the applicability of the limitation period, followed by speeches on whether objections of nominality were competent after four months. Thereafter, Lord William Gordon and Lieutenant Alexander Godsman petitioned the Court to alter its interlocutor and award expenses, prompting further answers from the respondents defending their freeholder status and maintaining the validity of their prior objections. |
| 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. |
| Williamson v. Hay | 1832 | Trustees, Assignees, Title, Expenses, Interlocutor, Action | Alexander Williamson, the pursuer, lodged a reclaiming note asking the Court to alter its interlocutor which found no expenses due to either party. Based on the single document cataloged for this case. |
Documents discussing this subject (showing 100 of 230)
- Adam Livingston, Esq. of Bantaskine v. Sir Thomas Dundas, Bart. — Petition, 23 Dec 1790
- Agnes Somerville's Trustees v. Margaret M'Kechnie, &c. — Defences, 22 Nov 1807
- Alexander Copland Hutcheson v. Barbara Hutcheson — Answers, 13 Dec 1821
- Alexander Cunnynghame v. William Muir of Caldwall — Duplies, 26 Feb 1760
- Alexander Duthie v. William Adam — Duplies, 9 Jun 1809
- Alexander Godsman v. Norman Macleod, Arthur Forbes, and others
- Alexander Gordon v. James, Earl of Fife and Others — Respondents' Case
- Alexander M'William v. James M'Adam — Information, 31 Jan 1787
- Alexander Macalister v. John Campbell and David Stewart Galbreath, Esqrs. of Glensaddell, and their Tenants, and John Campbell, Esq. of Stonefield, and Others, Trustees of the late Dugald Campbell, Esq. of Kildalloig… — Respondents' Case, 1 Sep 1836
- Alexander Milne v. Freeholders of Aberdeenshire — Petition, 10 Jun 1791
- Alexander Milne v. Freeholders of Aberdeenshire — Reclaiming Petition, 10 Jun 1791
- Alexander Montgomerie v. James Dalrymple — Answers, 24 Feb 1813
- Alexander Thomson v. John Reid — 20 Feb 1809
- Alexander Watson v. Ann Watson, Spouse of William Glass, and Isobel Watson, Spouse of George M'Cash — Complainers' Case
- Alexander Williamson v. Sir John Hay of Smithfield and Hayston, Baronet, and Others — Reclaiming, 27 Feb 1832
- Alexander, William, and George Smart v. John Young — Appendix to Reclaiming Note, 17 Nov 1831 [2]
- Alexander-James Grant v. Countess of Sutherland — Petition, 15 Jun 1773
- Allan M'Lean of Drimnin v. John Duke of Argyle — Memorial, 1 Jul 1777 [2]
- Andrew Wauchope and Others v. The Magistrates of Canongate — petition, 18 Dec 1798
- Andrew Wauchope v. Magistrates of Canongate — memorial, 16 Jun 1798
- Andrew Wauchope v. The Magistrates of Canongate — memorial, 16 Jun 1798
- Ann Millar v. John Anderson, Alexander Scott, and Others — Appendix, 25 May 1814
- Anthony Donald v. Thomas Thomson and Anthony Adrian, Earl of Kintore — Pleas in Law, 3 Jun 1829
- APPENDIX to the REVISED CONDESCENDENCE for Mr. and Mrs. DARLING.
- APPENDIX. No. 1. REVISED SUSPENSION AND INTERDICT.
- Archibald Campbell v. John Dixon — Complainers' Case, 14 May 1829
- Archibald Ewing v. Jonathan Anderson — Answers, 3 Sep 1801
- Archibald Galbraith and Others v. James Smith and Others — Interlocutor, 17 Jan 1837
- Arthur Duff v. Earl of Fife and Others — Petition and Complaint, 17 Nov 1826
- Arthur Duff v. Earl of Fife — Petition and Complaint, 18 Nov 1826
- Arthur Nasmith v. Andrew Anderson — Answers, 1 Jun 1749
- Brodie v. Grant — Petition, 7 Mar 1767
- Buchannans v. Gray and Hall — Petition, 27 Jul 1782
- Carnegie — Answers, 2 Feb 1796
- Charles Edward Drummond v. Clementina Sarah Drummond Burrell, Peter Robert Drummond Burrell and Charles Selkrig — Answers, 7 Apr 1808
- Charles Elphinstone v. Harry Davidson — Answers, 30 Jun 1802
- Charles Murray Barstow v. William Inglis — Reclaiming Note, 24 Jun 1857
- Cosmo Falconer v. Lieutenant-Colonel James Campbell — Answers, 6 Jun 1821
- Cowan — Petition, 12 Nov 1795
- Daniel M'Millan v. Robert Walker and Thomas Graham — Answers, 1 Feb 1823
- Darlings v. Adamson — Answers, 5 Mar 1838
- David Brewster v. Archibald Constable and Robert Cadell — Answers, 22 Jun 1824
- David Henderson of Stempster v. John Sinclair of Ulbster — Information, 4 Dec 1772
- David Sim v. George Stewart and Daniel Fisher — Reclaiming Petition, 27 May 1826
- David Weatherley and Sir James Hall, Bart. v. Mathew Turnbull — Answers, 24 Feb 1824
- David Wetherley v. Mathew Turnbull — Answers, 26 May 1823
- Donald Macdonald of Ballifhare v. Captain Neil Macarthur — Memorial, 20 Dec 1791
- Dunbar Earl of Selkirk and others, Heritors of Kirkcudbright v. William Birtwhistle — Answers, 16 Nov 1790
- Duncan Stewart v. Lieut. John Alexander Greme — answers, 20 Feb 1799
- Dup.—Daniel Fisher, to the Rep.—John Buchanan, Esq
- Edmonstone v. Morehead — Petition, 8 Jul 1790
- Elizabeth Pierson and Katharine Pierson v. Ninian Alexander — Replies, 2 Jan 1783
- Erskine v. Hay-Balfour — Petition, 20 Dec 1766
- EUL0281 doc0025
- Fletcher Norton v. William Anderson — Answers, 1 Jul 1813
- Fletcher Norton v. William Anderson — Duplies, 22 Apr 1813
- Fletcher Norton v. William Anderson — Replies, 8 Apr 1813
- Fletcher Norton v. William Anderson — Replies, 8 Apr 1815
- Gavin Laurie & Others v. James Cleland — State of the Process, 13 Jul 1848
- Gavin Laurie and Others v. James Cleland — Answers, 10 Jun 1847
- George Dempster, William Douglas, Robert Graham, James Guthrie, Patrick Chalmers, John Rait, and John Graeme v. Charles Lyall — Replies, 3 Feb 1790
- George Dundas of Dundas v. Thomas Dundas of Fingask and Thomas Dundas of Quarole — Information, 16 Jan 1759
- George Harley Drummond and George Silver v. William George Adam — Replies, 10 Jul 1809 [2]
- George Skene of Skene v. John Gordon of Lagan — Answers, 19 Aug 1791
- Harry Davidson v. Charles Elphinstone — Answers, 11 Feb 1802
- Harry Davidson v. Robert Hill — Duplies, 10 Mar 1802
- Heritors of North Leith v. The Kirk Session — Information, 12 May 1812
- His Majesty's Advocate v. The Honourable Mrs Maria Hay M'Kenzie and Edward Hay M'Kenzie — Information, 3 Jun 1806
- Inglis v. Gray — Petition, 8 Dec 1785
- IV.—STATEMENT OF FACTS for Thomas Mouat Cameron and Others, Defenders ; AND ANSWER thereto for Pursuer.
- James Anderson v. Robert Saunders — Revised, 24 Feb 1831
- James Carfrae and others v. The Lord Provost, Magistrates, and Council of the City of Edinburgh, and the Edinburgh Glasshouse Company — Answers, 12 Dec 1793
- James Crawford, Junior v. James Ritchie, Mrs Frances Clementina Robertson or Rennie, and Richard Rennie — Answers
- James Denniston v. Alexander Campbell — Duplies, 4 Jun 1824
- James Hedderwick & Son v. Richard Griffin & Company — Complainers' Case, 3 Dec 1840
- James Lindsay Carnegie v. Charles Gardyne — Duplies, 24 Feb 1796
- James Lindsay Carnegie v. George Robertson Scott — Duplies, 24 Feb 1796
- James Lindsay Carnegy v. Charles Gardyne — Replies, 10 Feb 1796
- James Marquis of Clydesdale and his Guardian v. Thomas Earl of Dundonald — Answers, 19 Jan 1727
- James Stewart v. James Earl of Fife — Complainers' Case, 14 Dec 1826
- Janet or Jessie Kyle v. Adam White — Preliminary, 10 Feb 1830
- Janet Steel v. Alexander Earl of Home — Answers, 8 Dec 1764
- John Adair v. Robina and Jean Adairs — Petition, 5 Dec 1786
- John Brown and Mrs Agnes Mackie v. Charles Geddes and James Geddes — Answers, 25 Jun 1807
- John Buchanan v. Daniel Fisher — Replies, 22 Apr 1824
- John Drummond and Company v. William Moffat — Additional Appendix to Reclaiming Note, 25 Jun 1849
- John Drummond v. Sir Alexander Ramsay — Answers, 18 May 1809
- John Drummond v. Sir Alexander Ramsay — Answers, 24 Jun 1808
- John Drummond, Esquire v. Sir Alexander Ramsay of Balmain, Bart. — Replies, 29 Nov 1808
- John Francis Erskine of Mar and John Thomas Erskine, now Earl of Mar v. Edward Alexander — 12 Nov 1825
- John Gordon of Achanachy v. Mrs. Grizel, &c. Ogilvies — Information, 22 Jun 1757
- John Gordon of Achanachy, and Alexander Gordon of Whiteley his Trustee v. Mrs. Grizel Ogilvie — Observations, 21 Jan 1761
- John Grant younger of Rothmaise and Robert Fleming v. Lady Clementina Fleming and Charles Elphinston — Answers, 5 Feb 1760
- John Hamilton v. William Brown — Replies
- John Holliday v. James Auchinleck Cheyne and Lindsay Mackersy — Answers, 9 Dec 1829
- John Lawson v. Alexander Penrose Cumming — Replies, 8 Feb 1785
- John Watson v. Sarah Marshall and Others — petition, 31 Jan 1782
- John Wilkinson v. Alexander M'Whann — Answers, 5 Jan 1813 [2]
- JOINT CASE FOR The Wright Incorporation of Perth, and John Moodie; AND OPINION OF The Attorney-General of England, and Mr William Harrison, thereon.
- Kemble — Minute, 25 Feb 1793