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.AI-generated
Documents in this case (7)
- APPENDIX. (in processing)Appendix of rent and tack payments with discharge dates, followed by correspondence regarding legal actions for unpaid dues and cautioners.
- The Viscount of Arbuthnott v. Colin Gillies — Proof, 25 Mar 1793Defender asserts Viscount’s fairness and competence in granting long leases to Gillies, citing witness testimony of prudence and business acumen.
- John — Petition, 28 May 1793Viscount of Arbuthnot petitions May 28, 1793 to alter Court’s interlocutor, claiming it unduly restricts his right to examine witnesses and obtain key writings proving his father’s deeds, and that defender’s conduct cau…
- John Lord Viscount Arbuthnott v. Colin Gillies — Answers, 3 Jul 1793Defender Colin Gillies answers petition for proof renewal and witness re-examination, denying delay and asserting ample time was available.
- John — Petition, 14 Nov 1793John, Viscount of Arbuthnott, petitions to alter a recent interlocutor, arguing the defender must produce evidence of a farm-victual transaction proving his incapacity and that withholding his own books is improper.
- John Viscount of Arbuthnott v. Colin Gillies — Answers, 12 Dec 1793December 12, 1793 Petition of the petitioner asking the Court to permit a renewal of the act and commission for proving, against the respondent, allegations of the late Viscount's incapacity and undue influence by Mr. G…
- Viscount of Arbuthnott v. Colin Gillies — State of the Process, 25 Jan 1796Defendant’s agent produces 68 letters from Lord Arbuthnott to prove contractual terms and financial arrangements, countering pursuer’s claim of lesion in farm lease.
