A legal guardianship, either by authority of a Court, or by voluntary deed, on a person of weak mind, though not insane, in regard to the management of his real property.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Interdiction |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Braimer v. Innes and Lothian | 1788 | Aliment, Debt, Succession, Interdiction, Trustee, Trust | John Braimer, late of Edrom, as pursuer, petitioned the Court to alter Lord Stonefield's interlocutor, which maintained Braimer's interdiction and declared the trustees not bound to pay over the balance. Gilbert Innes of Stow and John Lothian, merchant in Edinburgh, as defenders, answered the petition, resisting Braimer's claim for reversion and discharge of the interdiction. |
| Cowan v. Farie and Others | 1781 | Sequestration, Debt, Creditor, Bill of Exchange, Arrestment, Interdiction | Robert Cowan and Company, creditors on a bill accepted by John Farie, sought to have Farie’s movable effects sequestrated. Cowan & Co. argued that sequestration was appropriate when a debtor’s movable estate was the subject of a poinding or when the debtor was imprisoned; both criteria applied to Farie. The respondents opposed sequestration on several grounds, including the following: (1) Farie received no value for the bill; (2) Farie was under interdiction when he accepted the bill; and (3) Farie’s movable estate was exhausted by higher-ranked creditors. When the case was argued, the parties agreed to suspend the proceeding while the respondents found caution for Farie’s debt. However, after a dispute about the form of the caution, Cowan & Co. submitted a second petition for sequestration and expenses. |
| Lord Provost and Magistrates of Edinburgh v. Brown | 1831 | Servitude, Property, Construction, Interdiction, Expenses, Disposition | The Lord Provost and Magistrates of Edinburgh, as pursuers, raised a summons of demolition and removal against James Brown, the defender, seeking to compel him to demolish structures erected within twenty-five feet of Saint Andrew's Church. Brown answered, arguing that the shed erected on his property did not constitute a "building" as defined in the servitude. He subsequently presented a reclaiming note asking the Court to alter Lord Medwyn's interlocutor regarding the shed's attachment to the Session-House wall. |
Documents discussing this subject (17)
- Bill of Advocation Frazer, 5 Jul 1796
- Braimer v. Innes and Lothian — Petition, 11 Jul 1788
- Cowan v. Farie and Others — Answers, 12 Feb 1781
- Cowan v. Farie and Others — Answers, 31 Jul 1781
- Cowan v. Farie and Others — Duplies, 14 Feb 1781
- Cowan v. Farie and Others — Replies, 5 Feb 1781
- Duffs v. Nicholson & Others — Summons, 23 Sep 1820
- Gordon Cameron v. Ewen Cameron — Petition and Complaint, 8 Dec 1810
- James Fisher v. Donald M'Lauchlan — Answers, 30 Nov 1769
- John Braimer v. Gilbert Innes and John Lothian — Answers, 24 Sep 1788
- MEMORIAL FOR John Stark Brother-consanguinean to George Stark of Gartfberry, and Mr. John Currie Minister of the Gospel at East Monkland, Uncle, and one of the Tutors of the said J
- No VIII. BILL OF SUSPENSION and INTERDICT for John Bulloch, John M'Murrich, and Mungo Paton, three of the Managers of the Associate Congregation at Kilpatrick.
- Petition — Frederick Gordon against Lord Mackenzie's Interlocutor [2]
- Robert Anderson v. John Cullen — Petition, 5 Jul 1849
- Robert Stewart v. Magistrates & Town-Council of St Andrews — Replies, 31 Jan 1793
- The Lord Provost and Magistrates of the City of Edinburgh v. James Brown — Summons, 16 May 1831
- The Right Honourable the Lord Provost and Magistrates of the City of Edinburgh v. James Brown — Defences, 31 May 1831
