Verdict of heir's propinquity in a service, q. v.
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: Retour |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Alexander Cunnynghame v. William Muir of Caldwall | 1760 | Possession, Disposition, Retour, Charter, Liferent, Feu duties | Alexander Cunnynghame pursued a claim to the Five Pound Land of Craigbeat and Kersemeadow against William Muir of Caldwall, who objected on the basis of tax-roll and vassal land distinctions and argued that Cunnynghame’s title was nominal and fictitious and that he lacked possession. Muir replied to Cunnynghame’s answers, insisting that the pursuer held neither valid title nor actual possession of the lands. Cunnynghame defended his liferent-right to the properties, rebutting the objections by citing historical retours and demonstrating vassal possession. |
| Bushby | 1796 | Entail, Retour, Freeholder, Possession, Sasine, Teinds | John Bushby petitioned to have James Gordon’s name removed from the freeholder roll for Kirkcudbright Stewartry, challenging the validity of Gordon’s land title on grounds of discrepancies and partial entailment. Based on the single document cataloged for this case. |
| Cunynghame v. Watson | 1788 | Jurisdiction, Freeholder, Retour, Charter, Sasine, Tax | Sir William Augustus Cunynghame petitioned the Court to overturn the freeholders' interlocutor admitting Charles Watson as a freeholder, challenging whether the heritable bailie office and lands qualified Watson for that status. David Williamson answered for the defender, responding to Cunynghame's objections regarding the extent of the office and lands. |
| Davidson v. Elphinstone | 1802 | Mandate, Freeholder, Property rights, Title (detour), Landlord, Retour | Robert Hill, as the agent of the Honourable Charles Elphinstone, Captain of the Royal Navy, claimed property rights of Eastern Glenboig, otherwise known as Endboig, with the mill, mill-lands, and other land (County of Stirling). The Title-deeds (Detour) and other records related to the case were submitted in order to support the enrollment of C. Elphinstone. Harry Davidson objected, first that the titles were not legal evidence of the old extend, and second, that Hill was not entitled to act in name and on behalf of H. Charles Elphinstone, because he was out of the Kingdom and there was no special mandate granted to Hill for such purposes. Taking into consideration the objections, the Lords sustained that H. Charles Elphinstone could not be enrolled as a freeholder (landlord) of the Glenboig. |
| Davidson v. Hill | 1802 | Retour, Charter, Statute, Election contest, Freeholder, Sasine | At a meeting of the freeholders of Stirlingshire, Robert Hill claimed to be enrolled upon the lands of Western Glenboig. He produced two extracts of retours which he claimed proved his title. Harry Davidson, one of the freeholders, objected to Hill's enrollment, arguing that Hill’s retours were insufficient. The Court found that the 16th Act of George II required an old extent of lands to be established by a retour, but that this could be done by one or more retours, and that, accordingly, a freeholder who produced two separate retours of two parcels of land had a right to be enrolled (Morison's Decisions of the Court of Session). |
| Fraser v. Fraser | 1802 | Retour, Freeholder, Estate | Dr. William Mackinnon Fraser of Lower Grosvenor's Street, London, petitions to be enrolled as a freeholder of the lands and barony of Durris for the county of Inverness, and to serve in Parliament on behalf of Inverness. Simon Fraser protests approval of Dr. William Mackinnon Fraser's enrollment as a freeholder on the grounds that the source Dr. William Mackinnon Fraser uses to prove his title and the value of the land is inaccurate. The others overrule him and approve the enrollment. Simon Fraser subsequently files a complaint with the Lords of Council and Session to dispute the sufficiency of Dr. William Mackinnon Fraser's claim to the lands, and thus his claim to a position on the roll of freeholders. In the course of the proceedings, Simon Fraser dies, and his case is taken up on his behalf by his uncle, William Fraser, Esq. of Queen's Square, Bloomsbury, London. |
| Walter Buchanan v. Robert Belsches | 1790 | Retour, Freeholder, Succession, Valuation, Property, Feu | Walter Buchanan of Balfunning petitioned the Court to alter a recent interlocutor in his suit against Robert Belsches of Greenyards regarding the lands of Croy-Leckie. The dispute turned on whether these lands were of fifty-shilling old extent. Belsches answered the petition, contesting Buchanan's argument on that valuation. |
Documents discussing this subject (56)
- Alexander Cunnynghame v. William Muir of Caldwall — Answers, 12 Feb 1760
- Alexander Cunnynghame v. William Muir of Caldwall — Duplies, 26 Feb 1760
- Cunynghame v. Watson — Petitionand Complaint, 19 Dec 1788
- Daniel Campbell of Shawfield, William Graham younger of Gartmore and Alexander Cunnynghame Clerk to the Signet v. William Muir of Caldwall — Replies, 28 Jan 1760
- Edward Richard Stewart v. Sir William Maxwell of Monreith — Replies, 22 Jan 1807
- Edward Richard Stewart v. Sir William Maxwell of Monreith — Replies, 29 May 1806
- Erskine-1-Vol.-22 doc0033
- George Dundas of Dundas v. Thomas Dundas, elder and younger, of Fingask — Information, 11 Jan 1759
- Harry Davidson v. Charles Elphinstone — 15 May 1802
- Harry Davidson v. Charles Elphinstone — Answers, 11 Feb 1802
- Harry Davidson v. Charles Elphinstone — Replies, 3 Mar 1802
- Harry Davidson v. Robert Hill — Answers, 10 Jun 1802
- Harry Davidson v. Robert Hill — Answers, 11 Feb 1802
- Harry Davidson v. Robert Hill — Duplies, 10 Mar 1802
- Harry Davidson v. Robert Hill — Petition and Complaint, 22 Jan 1802
- Henry Fletcher v. James Ferrier — Replies, 21 Dec 1780
- Hon. Edward Richard Stewart v. Sir William Maxwell of Monreith, Bart. and others — Answers, 3 Apr 1806
- Hon. Edward Richard Stewart v. Sir William Maxwell of Monreith, Bart. — Replies, 17 Feb 1807
- J. P. Grant v. James Fraser and Thomas Fraser — Answers, 4 Feb 1803 [2]
- John Buchanan v. Daniel Fisher — Replies, 22 Apr 1824
- John Peter Grant and James Grant v. James Fraser of Gortuleg and Thomas Fraser — Petition and Complaint, 1 Dec 1802
- Mrs Douglas Maclean Clephane v. Rev. Donald MacArthur — Answers, 18 Apr 1822
- Petition and Complaint — & Com: H. Davidson, W. S. against the Hon
- Petition and Complaint — Alexander Cuningham of Hyndhope
- Petition and Complaint — Petition & Complaint of John Bushby, Esq. the Petition and Complaint of John Bushby, Esq; Sheriff
- Petition and Complaint — Petition & Complaint, of Alexander Maxwell, Esq
- Petition — Harry Davidson, W. S. against Inner-House Interlocutor
- Petition — Hon. E. R. Stewart. against Inner-House Interlocutor
- Petition — Hon. Spencer Chichester against Inner-House Interlocutor
- Petition — Hon. Spencer Chichester against Inner-House Interlocutor [2]
- Petition — Rev. Donald Macarthur against Lord Pitmilly's Interlocutor
- Petition — Sir W. Maxwell against Innerhouse Interlocutor [2]
- Petition — W. Gordon, Esq. against an Inner-House Interlocutor [2]
- Petition — W. Gordon, Esq. against an Inner-House Interlocutor [3]
- Simon Fraser v. Robert Gordon of Draikies — Petition and Complaint, 30 Nov 1802
- Sir Andrew Cathcart and Richard Alexander Oswald v. James Monteith — Duplies, 11 Feb 1813 [3]
- Sir Andrew Cathcart of Carleton v. William Gordon of Milrig — Replies, 26 Jan 1813
- Sir Andrew Cathcart of Carleton, Baronet v. William Gordon of Milrig, Esq. — Condescendence, 20 Feb 1813
- Sir Andrew Cathcart of Carleton, Bart. v. William Gordon, Esq. of Milrig — Answers, 14 Jan 1813
- Sir Andrew Cathcart of Carleton, Bart. v. William Gordon, Esq. of Milrig — Duplies, 10 Feb 1813
- Sir Andrew Cathcart of Carleton, Bart. v. William Gordon, Esq. of Milrig — Petition and Complaint, 2 Mar 1813
- Sir Edward Crofton v. Sir William Maxwell — Answers, 3 Apr 1806
- Sir James Montgomery of Stanhope v. Ebenezer Shaw of Drumrash — Respondents' Case, 27 Apr 1826
- Sir James Montgomery v. Ebenezer Shaw — Complainers' Case, 1826 [2]
- Sir John Gordon of Invergordon, Baronet v. Hugh Rose younger of Aitnoch, and others, freeholders of the county of Cromarty — Duplies, 7 Feb 1767
- Sir Michael Stewart of Blackball, Baronet, and William Cuninghame of Craigends, Esq; v. Captain John Pollock — Memorial, 12 Feb 1760
- Sir Michael Stuart of Blackhall, Bart. and William Cunningham of Craigends v. Captain John Pollok — Memorial, 18 Feb 1760
- Sir W. M. Napier of Milliken and Napier, Bart. and Boyd Alexander, Esq. of Southbar v. John Howie — Answers, 6 Jun 1821
- Sir William Maxwell and others v. Edward Richard Stewart — Duplies, 25 Jun 1806
- Sir William-Augustus Cunynghame of Livingstone, Baronet v. Charles Watson of Saughton, Esq. — Answers, 13 Jan 1789
- Thomas Irving v. Adam Thomson — Answers, 2 Mar 1791
- Vol-214--1802 unsorted seg035, 1798
- Vol-214--1802 unsorted seg044, 1798
- Walter Buchanan v. Robert Belsches — Answers, 23 Jun 1790
- Walter Buchanan v. Robert Belsches — Petition, 3 Jun 1790
- Æneas Mackay v. Hugh Houstoun — Replies, 9 Feb 1796
