1796
William Fergusson sought abatement of a retained sum from the sale of the Arrochar estate on the ground that unvalued teinds had been evicted following the purchase, arguing that this undisclosed burden warranted equitable relief. Hugh Mosman and John Anderson, common agents for the Macfarlan creditors, answered, asserting that the teinds had been exhausted and that no deduction from the price was therefore due. The dispute turned on whether the post-sale eviction of unvalued teinds entitled the purchaser to abatement where the burden had not been disclosed, or whether the exhaustion of those teinds precluded such relief.AI-generated
Documents in this case (2)
- Ferguson — Petition, 2 Mar 1796Petitioner seeks abatement of retained sum for unvalued teinds evicted post-sale of Arrochar estate, arguing equitable relief due to undisclosed burden.
- W. Ferguson v. Hugh Mosman and John Anderson — Answers, 12 May 1796Hugh Mosman and John Anderson, common agents for Macfarlan creditors, answer William Ferguson’s petition challenging the sale of Arrochar lands, asserting teinds were exhausted and no deduction warranted.
