Legal Subject: Presumption

Case Date Legal Subject Abstract
Countess of Sutherland v. Dunbar 1783 Register of Sasines (Deeds), Burden of Proof, Presumption, Debt, Adjudication, Register In a ranking and sale, William Dunbar of Fulfordlees submitted a claim based on a heritable bond of corroboration. The petitioners objected to Dunbar’s claim on the ground that the seisin (possession of land by freehold) on the bond was not properly registered. In particular, they argued that there was no evidence that the seisin had been registered within the legally prescribed time period. In response, Dunbar produced an extract from the Inverness burgh register. The extract showed that the seisin had been recorded without a date, like other registrations from the same time period. According to Dunbar, this established a presumption that the seisin was timely registered, and it was the petitioners’ burden to rebut that presumption.
Lord Halkerton v. Scott 1769 Interlocutor, Aliment, Presumption, Thirlage, Removing, Innovation Lord Halkerton pursued James Scott of Brothertown regarding a causeway and cruive-dyke alleged to obstruct salmon passage. Scott condescended upon a proposal to sink part of his causeway to confine water within keying-stones, intending to remove objections to the construction. The superior heritors answered, arguing that the proposed alteration would not remedy the obstruction to salmon passage.

Documents discussing this subject (41)