AI-transcribed

Any decree or judgment of a Court.

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.
Case Date Legal Subject Abstract
M'Calmond v. Park 1792 Tack, Lease, Deed, Rent, Interlocutor, Possession James M'Calmond petitioned the Court to alter Lord Stonefield's interlocutor refusing his bill of advocation against Hugh-Gavin Park, Tacksman of the Lands of Camregan. Park answered, contending that an unstamped obligation was not valid in law or equity.
M'Culloch v. Allan 1792 Presbytery, Jurisdiction, Appeal, Teinds, Advocation, Interlocutor M'Culloch, as pursuer, argued that the trial and censure of schoolmasters belonged to the civil courts rather than ecclesiastical presbyteries. He subsequently maintained that sentences of presbyteries regarding schoolmasters were subject to review by ecclesiastical courts alone. Allan, as defender, contended that the presbytery's jurisdiction over schoolmasters was subject to review only in superior Church judicatories and not in the Court of Session.
M. M'Kenzie v. C. Mackintosh 1828 Expenses, Interest, Interlocutor, Arrestment, Debt, Creditor M. M'Kenzie, as pursuer, raised an action against C. Mackintosh, as defender, regarding a fund in medio, and the Court upheld the oath references, granted a commission, dispensed with the minute-book, and awarded the fund to Campbell Mackintosh. Based on the single document cataloged for this case.
Mabon v. Lord Craig's Interlocutor 1808 Debt, Adjudication, Aliment, Succession, Property, Interlocutor Duncan Macdougal, jun. petitioned to remit Lord Meadowbank's interlocutor denying his Bill of Suspension. Based on the single document cataloged for this case.
Macausland and Others v. Montgomery and Others, and the Magistrates of Glasgow 1792 Aliment, Advocation, Teinds, Adjudication, Interdict, Interlocutor John MacAusland and James Burns, for themselves and in behalf of the other members of the Convenery or Trades-House in Glasgow, petitioned the Court to alter its recent interlocutor. James Montgomery and others answered, contending that the petition had been given in the name of, but without the authority of, the Deacon-Convener, Collector and Trades-House of Glasgow.
Macdowal v. Borthwick 1772 Rent, Lease, Possession, Tack, Interlocutor, Infeftment John Borthwick, as defender, petitioned the Court to remit the sheriff's interlocutor ordering his removal from the leasehold lands at Bankton Park and Blackgutter Park. Based on the single document cataloged for this case.
Macfarlane v. Hoome 1799 Adjudication, Succession, Interlocutor, Disposition, Debt, Liferent Pursuer Christian Macfarlane sought to recover a portion of land at Letter that had belonged to her father, Donald Macfarlane. Mrs. Macfarlane claimed that her uncle, David Hoome Stewart, had fraudulently obtained the land, which eventually devolved to defender Sophia Hoome. In the course of the proceeding, the Lord Ordinary granted a “diligence” (a type of writ) allowing the pursuer to discover writings related to Mr. Stewart’s dealings in the matter. Miss Hoome’s representatives claimed that this discovery would be prejudicial to her interests. Moreover, they argued that the court should not allow the discovery before considering whether the action was barred by certain agreements, including a marriage contract, alleged to discharge Mrs. Macfarlane’s claim to the land.
Mackenzie v. Ross 1792 Interlocutor, Thirlage, Adjudication, Tack, Res judicata, Debt Kenneth Mackenzie pursued Sir Charles Ross and others to enforce a thirlage over the defenders' lands, claiming an obligation covering all growing grains, while Ross contended the servitude was limited to grindable corn and raised res judicata. The litigation involved procedural disputes regarding expenses incurred since 1786 and reponing, with Mackenzie petitioning to alter interlocutors and Ross reclaiming against rulings on the thirlage's scope. The defenders also submitted information regarding Hugh Ross's enlistment as a soldier in 1791, arguing that his refusal to attest did not absolve him from its legal consequences, and Mackenzie answered Ross's petition, which denied thirlage and pleaded res judicata.
Mackie's Trustees v. Andrew Reekie 1832 Interlocutor Mackie's Trustees, as pursuers, presented a reclaiming note asking the Court to recall and remit Lord Mackenzie's interlocutor with instructions to sustain their title against defender Andrew Reekie. Based on the single document cataloged for this case.
MacLaggan v. Heritors of Melrose 1780 Aliment, Heritor, Reduction, Glebe, Suspension, Interlocutor Digitization in Progress
MacLean v. MacLean 1792 Debt, Arrestment, Trustee, Interlocutor, Promissory note, Inhibition John MacLean petitioned the Court to recall the inhibition placed against him by Mrs Janet MacLean and William Scott her husband, alleging that it had been obtained without proper grounds and was being used to distress him in his business. Based on the single document cataloged for this case.
Macqueen v. Fleming 1798 Arrestment, Debt, Interlocutor, Caution, Creditor, Sequestration Charles Macqueen, as pursuer, petitioned the Court to remit to the Magistrates of Dundee with instructions to liberate him from jail without further caution, alleging that his life was in extreme danger. Based on the single document cataloged for this case.
Magistrates and Town-Council of Glasgow v. Anderston Brewing Company 1785 Interest, Debt, Libel, Interlocutor, Succession, Arrestment The Magistrates and Town-Council of Glasgow pursued Murdoch, Warroch & Co., brewers at Anderston, for duties on ale and beer sold in the city, while the defenders claimed exemption on the ground that they operated outside the city boundaries and had previously agreed to pay only 10d per barrel rather than the 13d claimed. The magistrates petitioned to amend their libel to include interest on the duties, which the brewers opposed as improperly raised at so late a stage. Both parties subsequently lodged reclaiming petitions against the Court's interlocutors, the brewers maintaining their denial of liability for the full duty.
Magistrates of Dunfermline v. Lord Monboddo's Interlocutor 1789 Tack, Interlocutor, Thirlage, Possession, Onus Probandi, Burgh The Magistrates and Town-Council of Dunfermline petitioned the Court to alter Lord Monboddo's interlocutor. Based on the single document cataloged for this case.
Marquis of Abercorn v. The Magistrates of Edinburgh 1792 Tack, Interlocutor, Suspension, Jurisdiction, Lease, Rent The Marquis of Abercorn pursued the Magistrates of Edinburgh for damages, alleging that their diversion of Braid's Burn had injured his water and mills, and sought to join his claim to an existing damages action raised by William Laing. The Magistrates responded that the Marquis lacked standing to claim indemnification under the 1785 water statute without first exhausting the process before a sheriff's jury.
Marquis of Lorne, et al v. Denny, et al 1796 Election contest, Interlocutor, Election, Reduction, Burgess, Appeal The Marquis of Lorne and others pursued John Denny and others regarding the Michaelmas 1796 burgh election in Dumbarton, seeking to overturn the minutes that recorded John Dixon’s vote as valid and asserting a majority victory despite the contested proxy. The defenders answered that the pursuers’ voters lacked burgess qualification, and subsequently argued that Provost Lorne possessed no voting right and that key electors were not burgesses, ultimately demanding a poll election.
Marshall v. Youngson 1798 Procurator, Court of Session, Agent, Interlocutor, Clerks of Session, Jurisdiction James Marshall, Writer to the Signet, petitioned the Court to alter a recent interlocutor respecting the offices held by Alexander Youngson. Youngson answered, defending his concurrent practice as procurator before the High Court of Admiralty and Writer to the Signet on the ground that the two roles were not incompatible. The dispute turned on whether the office of Writer to the Signet could be held consistently with acting as a procurator in the Admiralty Court.
Marshall, et al v. Magistrates and Town-Council of Glasgow 1788 Interlocutor, Interdict, Suspension, Charter, Act of Parliament, Possession The Examinators of the Faculty of Physicians and Surgeons in Glasgow, including Dr Robert Marshall, petitioned the Court to continue an interdict restraining the Magistrates and Town-Council of Glasgow from quartering soldiers upon them, pending a determination of their claimed charter-based immunity from such burdens. The Magistrates answered, responding to the physicians' argument that their faculty charter rendered them exempt from the quartering of soldiers.
Mather v. Caldwall 1775 Caution, Interlocutor, Intromission, Debt, Adjudication, Liferent This case was about the management of an estate by respondent Robert Caldwall, who served as tutor to his infant nephew. Petitioner William Mather, another uncle of the infant, alleged that Caldwall had mismanaged the estate. He therefore sought to have Caldwall removed as tutor or, in the alternative, ordered to prepare inventories of the estate and to find caution. The court initially ordered Caldwall to find caution, but Mather alleged in a subsequent petition that Caldwall had failed to do so and should be removed as tutor. In response, Caldwall alleged that John Wilson, the town clerk of Glasgow, had refused to accept his caution out of partiality to Mather. Caldwall requested an order requiring Wilson to accept the caution offered.
Mathie v. McIntyre 1789 Lease, Sasine, Trustees, Tack, Interlocutor, Infeftment The pursuer John Mathie petitioned the Court to alter its recent interlocutor in his action against the defender McIntyre. Based on the single document cataloged for this case.
Maxwell v. Buchanan 1775 Damages, Aliment, Arrestment, Interlocutor, Service, Creditor Archibald Buchanan, defender, agreed to be an apprentice to Stephen Maxwell, pursuer. An indenture between the two men specified the penalties that Buchanan would pay if he missed work; it also required Maxwell to pay Buchanan a stipend for board. Several years into the indenture, Maxwell accused Buchanan of theft and had him jailed. Buchanan was released on bail and never brought to trial. He then sought either to return to work or to be free of the indenture. Maxwell refused to receive him and raised an action for the contractual penalties, as well as for damages relating to Buchanan’s failure to complete the indenture.
McKinnon v. William Gillies, James Robertson, Lord Provost, Magistrates, and Town Council of the City of Edinburgh 1794 Debt, Aliment, Interlocutor, Advocation, Representation, Libel The Lord Provost, Magistrates, and Town Council of Edinburgh petitioned the Court to alter the Lord Ordinary's interlocutor and assoilzie them from the action brought by McKinnon against them, William Gillies, and James Robertson. Based on the single document cataloged for this case.
McLean v. McArthur 1787 Aliment, Proof, Sequestration, Tack, Glebe, Interlocutor Allan M'Lean of Drimnin, Suspender, alleged the unlawful seizure of the Killean estate for glebe and manse on the false claim that the lands were church-lands, asserting that records showed Crown ward status and that the parish's centrality was disputed. Based on the single document cataloged for this case.
McMinn v. His Creditors 1777 Cessio Bonorum, Prisoner, Fraud, Debt, Bankruptcy, Interlocutor Around June of 1777 John McMinn, late chapman in Kirkcudbright, was imprisoned in the Wigtown tolbooth for unpaid debts. He then brought a process of Cessio Bonorum to the Court of Session, and the Court granted him the benefit of the Cessio. In response, McMinn's creditors petitioned the Court to recall this interlocutor. They argued that there were a number of relevant facts that McMinn had withheld from the Court regarding his ability to pay his creditors. Furthermore, the petitioners argued against the supposed liberality with which chapmans were granted the Cessio. For example, while McMinn claimed to have lost his pocket-book in Ireland, the petitioners had recently discovered that while in Ireland McMinn had purchased 15 pounds worth of salt. For this reason, the creditors wrote, they decided to oppose McMinn's process of Cessio Bonorum. "Had the petitioners, upon looking into [McMinn's affairs], been convinced that the pursuer was a poor and unfortunate bankrupt, they would have been the last persons in the world who would have opposed his Cessio : But as this did by no means appear to them to be the case, they thought themselves bound to state those objections which occurred to his obtaining it.”
Mead v. Swinton 1796 Succession, Terce, Possession, Sequestration, Interlocutor, Adjudication Lady Hannay claimed that as a widow she was entitled to the worst of two mansion-houses on the estate of Kirkdale as an appendage to her terce. The common agent maintained that she had no claim to a second mansion-house over and above her terce.
Michie v. Martin 1768 Divorce, Aliment, Adultery, Interlocutor, Oath, Process Margaret Michie, spouse to George Martin, petitioned the Court of Session to alter its recent interlocutor. Based on the single document cataloged for this case.
Mitchell v. Lord Alva's Interlocutor 1787 Contract, Debt, Damages, Action, Bargain, Interlocutor Pursuer Thomas Mitchell petitioned the Court of Session to alter its recent interlocutor in the dispute with Lord Alva. Based on the single document cataloged for this case.
Mitchell v. Society of Writers in Ayr 1798 Teind, Teinds, Stipend, Augmentation, Aliment, Interlocutor The Society of Writers in Ayr petitioned the Court to alter an interlocutor imposing a share of the minister's augmented stipend upon their fishings, arguing that only vicarage-teind was due from such property and claiming abatement on account of a reduced boat count. Mitchell resisted, maintaining that customary payment and proportional liability attached to the fishings. The case concerned the proper extent of teind burden chargeable against the fishings and the validity of the proposed reduction.
Moir v. Callender 1796 Aliment, Arrestment, Sequestration, Interlocutor, Diligence, Process Defender William Callender answered the petition and complaint of pursuers John Moir and William Allister, asserting that his conduct was lawful and the petition ill-founded. Based on the single document cataloged for this case.
Moray v. Heritors of Blackford 1796 Tack, Teinds, Interlocutor, Stipend, Heritor, Patronage Colonel Charles Moray petitioned the Court to alter an interlocutor concerning the locality of teinds, arguing that his teinds were not inferior to bishops' teinds and ought to be allocated pari passu. The Heritors of Blackford answered, contending that the locality was erroneous and that the teinds were not bishop's teinds. Moray replied, reiterating his claim regarding the status of his teinds, and the Heritors duplied, maintaining that the teinds were not exempt from augmentation because they were not bishop's teinds.
Moray, et al. v. Scott 1795 Teinds, Stipend, Communion Elements, Jurisdiction, Aliment, Interlocutor Moray and his co-petitioners petitioned the Court to alter Lord Ankerville Ordinary's interlocutor allocating communion elements upon their lands, arguing that the allocation violated established law and the Court's own decree. Based on the single document cataloged for this case.
Morison v. Inner-House Interlocutor 1787 Aliment, Witness, Marriage, Succession, Interlocutor, Evidence Thomas Morison, a mariner in Charlestown, petitioned the Court to alter its recent interlocutor pronounced in a multiple poinding process initiated by naval officers and trustees. Mrs. Bethune Morison and others had reclaimed against Lord Moncreiff's interlocutor in that proceeding, and Thomas Morison sought alteration of the interlocutor the Inner House had issued upon their reclaiming note.
Mrs. Weatherstone and Others v. Marquis of Tweedale and Others 1813 Teinds, Stipend, Valuation, Reduction, Heritor, Interlocutor Mrs. Weatherstone and others, as reclaimers, sought relief for over-payments made in the process of locality of the Parish of Channelkirk against the Marquis of Tweedale and others, as respondents. The respondents contended that the claimants were barred from recovering such over-payments unless they could prove the payments had been made by themselves or their direct predecessors. They further argued that the Teind-clerk's accounting practices for heritors lacked fixed principles and that equitable considerations must be applied to the claim.
Muirhead, Hay, and Company v. Dunmore 1792 Debt, Creditor, Sequestration, Interest, Interlocutor, Prescription Muirhead, Hay, and Company, merchants in Glasgow, pursued Robert Dunmore for payment of debts contracted in Virginia, contending that Dunmore was liable as a partner of Logan, Gilmour, and Company. Dunmore defended the action on the grounds that the debts were prescribed, lacked proper documentary support, and were improperly pursued following forfeiture in Virginia.
Munro v. Robertson 1778 Adjudication, Arrestment, Sequestration, Sasine, Interlocutor, Infeftment Pursuer George Munro petitioned the Court, in the action against defender Robertson, for permission to use his inhibitions on three debts to draw payment from the parcel of lands where infeftment followed, rather than his arrestments. Based on the single document cataloged for this case.
Murdo Mackenzie of Ardross v. Thomas Houston of Creich 1829 Salmon Fishing, Interdict, Interlocutor, Res judicata, Possession, Aliment Documents available. Full description coming soon.
Murdoch v. Lord Dunsinnan's Interlocutor 1787 Decreet-Arbitral, Arbitration, Reduction, Interlocutor, Intromission, Suspension Elizabeth Murdoch, Alexander Smith, Jean Murdoch, and Christian Murdoch petitioned the Court to alter Lord Dunsinnan's interlocutor. Based on the single document cataloged for this case.
Murdoch v. Lord Rockville's Interlocutor 1791 Reduction, Disposition, Insanity, Verdict, Interlocutor, Infeftment William Murdoch petitioned the Court to alter Lord Rockville's interlocutor, which required him to extract proceedings from Cupar in an action of reduction. Based on the single document cataloged for this case.
Mures, et al v. Hannay, et al. 1793 Agent, Debt, Sale, Interlocutor, Creditor, Statute Sir Samuel Hannay and his co-defenders petitioned the Court to alter the Lord Ordinary's interlocutor, requesting either that the Court fix a time and place for creditors to elect a common agent for the sale and ranking or that it appoint Archibald Swinton or another person to that office. Based on the single document cataloged for this case.
Murray Grant & Alexander Sharp v. Countess of Sutherland 1788 Debt, Adjudication, Succession, Trustee, Interlocutor, Wadset Murray Grant and Alexander Sharp, as pursuers, filed an information arguing that the claimant was entitled to be ranked as heir of line of Sutherland of Pronzie and to assert five claims against the Countess of Sutherland and her creditors. Based on the single document cataloged for this case.
Mustart v. Stonefield's Interlocuter 1794 Impress Service, Contract, Interlocutor, Interdict, Fraud, Collusion Alexander Muftart and John Muftart petitioned the Court of Session to alter its recent interlocutor in their case against Stonefield. Based on the single document cataloged for this case.
Myles v. Lyall 1797 Reduction, Debt, Bankruptcy, Cautioner, Interlocutor, Creditor Alexander Lyall, as cautioner, sought relief from liability against Myles under a bond limited to the Admiral’s decree, contending that the obligation did not extend to a later Court of Session reduction. Based on the single document cataloged for this case.
Newton v. Anderson 1733 Adjudication, Cautioner, Sequestration, Interlocutor, Factor, Ranking and Sale Abraham Newton and John Newton petitioned the Court to recall a Decreet of Ranking and remit the Complaint against Anderson to be heard. Based on the single document cataloged for this case.
Ogilvy v. Dawson 1800 Stipend, Debt, Aliment, Arrestment, Teinds, Interlocutor The pursuer Ogilvy was Minister of the Parish of Linton, which was located on the land of William Dawson. Ogilvy sought an increase in his stipend in light of Dawson's use of some of the land to grow barley. Ogilvy believed
that he deserved a greater stipend given the profits Dawson stood to earn from his agricultural activities.
Palmer and Others v. Macmillan 1794 Interlocutor, Advocation, Contract, Property, Sequestration, Rent Palmer and Others, as defenders, argued that the Court of Session should affirm a Sheriff's interlocutor prohibiting Macmillan from exposing butcher-meat in front of his house. They presented information maintaining that the prohibition ought to be upheld.
Petition of Alexander Carre and Archibald Jerdon 1800 Notice, Teinds, Adjudication, Augmentation, Interlocutor An action of locality was dormant from 1797 to 1800, when the common agent moved to “awaken” the case. After conducting further proceedings, the court approved an interim locality. However, Petitioners Alexander Carre of Caverse and Archibald Jerdon of Bonjedward were not made aware that the case had resumed. Further, Mr. Carre, who succeeded to his interest during the pendency of the case, was never made a party. For these reasons, Carre and Jerdon sought to have the case remitted to the Lord Ordinary to prepare a new scheme of locality.
Philips v. Buchanan 1797 Debt, Oath, Interlocutor, Partnership, Aliment, Suspension Pursuer John Phillips petitioned the Court of Session to alter its recent interlocutor reversing a ruling by Lord Armadale in his case against defender Buchanan. Based on the single document cataloged for this case.
Procurator-Fiscal of the County of Edinburgh v. Wilson 1787 Mala Fides, Interlocutor, Oath, Libel, Arrestment, Lease David Wilson, gardener at Roslin, petitioned the Court to alter its interlocutor refusing his bill of advocation against the Procurator-Fiscal of Edinburgh’s complaint charging him with hunting without a licence. William Scott, as Procurator-Fiscal, answered the petition, defending the interlocutor and responding to Wilson’s allegation that the reference to his oath was incompetent.
Ralston v. Dreghorn's Interlocuters 1793 Debt, Creditor, Compensation, Bill of Exchange, Assignation, Interlocutor Robert Ralston, as pursuer, petitioned the court against an interlocutor issued by Lord Dreghorn. Based on the single document cataloged for this case.
Ramage v. Charteris 1782 Debt, Prescription, Interlocutor, Creditor, Aliment, Representation Mrs. Jean Charteris, a Scottish merchant, was engaged in trade with Joseph Ramage, a merchant in York. Ramage furnished articles of thread manufacture to Charteris, and Charteris paid him either in cash or in goods. In 1780, Ramage raised an action against Charteris for a balance that was allegedly due on her account. The account showed that Ramage had last furnished an article to Charteris in 1776, but Charteris had furnished goods to Ramage within the last three years. Charteris argued that the case was barred by the triennial prescription (i.e., the statute of limitations). Ramage responded that the prescription would not become effective until three years passed with no furnishing by either party.

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