Under a marriage contract executed in 1724, the late John Semple promised his wife Ann Lindsay an annuity of 300 merks. Ann Lindsay's father James Lindsay provided that his estate was to go to his heirs, but it passed to John Semple due to various deaths in the family. In 1747, John Semple sold the estate to John Miller, pursuer. At issue is whether there were debts attached to the estate. Defender John Semple, nephew of the aforementioned John Semple, maintained there were no debts attached to the estate because the earlier Semple received the estate through his deceased son, not through his wife Ann Lindsay. Semple argued that the wife only had a life interest (liferent) in the estate. Pursuer John Miller argued that Semple received the estate by deed of his wife.
Documents in this case (3)
- Miller v. Semple — Petition, 7 Feb 1776February 7, 1776 Petition of John Semple Bleacher at Finnieston, and Hugh Niven, junior, Merchant in Glasgow, as representing the now deceased Agnes Buchanan, asking the Court to remit the interlocutor that found the bo…
- John Semple Bleacher at Finnieston and Hugh Niven junior, merchant in Glasgow v. John Miller of Millheugh and the Reverend Mr James Miller minister at Hamilton — Answers, 28 Feb 1776John Miller and James Miller, as respondents, answer a petition challenging a 1756 deed by which Mrs. Semple received £400 and life interests in exchange for releasing her marriage contract provisions, asserting the gif…
- Miller v. Semple — Petition, 19 Jun 1776June 19, 1776 Petition of John Semple and Hugh Niven asking the Court to alter its interlocutor, which ordered extraction for damages and expences not argued in the litigation
People & places in this case
People involved
- John Miller, of Millheugh — Pursuer
- James Miller — Pursuer
- John Semple — Defender
- Hugh Niven — Defender
- Robert Cullen, Lord Cullen — Advocate for Pursuer
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Defender
