Equity of redemption.
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: Reversion |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Campbell v. Monboddo's Interlocuter | 1793 | Succession, Debt, Aliment, Reversion, Entail, Trustees | James Campbell petitioned against Lord Monboddo's interlocutor, asking the Court to alter the ruling that the reversion of the estate's sale price must be laid out upon lands. Based on the single document cataloged for this case. |
| Campbell v. Stuart | 1794 | Sasine, Libel, Teinds, Reversion, Prescription, Arrestment | Andrew Stuart petitioned against an interlocutor of Lord Frederick Campbell that assoilzied Campbell from the counter-action raised by Stuart. Based on the single document cataloged for this case. |
| James Scott v. John Bruce-Stewart | 1776 | Positive Prescription, Wadset, Female Succession, Reversion, Prescription, Sasine | This case concerns a property dispute over a number of landholdings throughout Shetland, "within the parishes of Dunrosnes, Burray, Tingwall, Aithsting, Walls, Detline, Northmaven, Yell, Fetkor, Bressa, and Lerwick." The cause dated back to the late 17th century, when Sinclair of Scalloway granted wadsets to Stewart of Bigtown over the lands of "Blosta, Aithsetter, and Flathabister, and certain other lands" as well as "Houland, Reafirth, Sellafirth, Woodwick, and Gravone." The wadset was never redeemed and the lands passed to Clementina Stewart, who conveyed them to her husband, John Bruce of Symbister. Around the same time the two co-heirs of Scalloway, Philadelphia Scott and Katherine Sinclair, conveyed this property to Sinclair's husband, James Scott. Scott, now of Scalloway, then brought a process of reduction and declarator, demanding that Bruce-Stewart cede the wadset-lands, or at least return them after receiving the wadset fee. Bruce-Stewart produced various documents that he argued proved the positive prescription, namely a 1706 disposition of these lands by Stewart of Bigtown in favor of his heir. In July 1776, Lord Kennet assoilzied (absolved) Bruce-Stewart from the reduction, and Scott petitioned the Court for review. Scott argued that the right of reversion was heritable and perpetual, and not subject to the positive prescription. Furthermore, he argued that as a result of various technicalities, the disposition upon which the defender made his claim of the positive prescription was null and void. The Court found in favor of Scott at first, but later overturned their previous interlocutor, determining that Bruce-Stewart had produced sufficient evidence to exclude. |
| Lord Frederick Campbell, Lord Clerk-Register of Scotland v. Andrew-Stuart, Keeper of the General and Particular Register of Sasines at Edinburgh | 1792 | Register, Teinds, Prescription, Sasine, Reversion, Statute | Lord Frederick Campbell, Lord Clerk-Register of Scotland, sued Andrew Stuart, Keeper of the General and Particular Register of Sasines, to recover authority over the sasine registers. Stuart, together with John Davidson and Andrew Steele, had claimed that a Crown commission conferred upon them lawful authority over the general Register of Seisins and custody of the particular register books. Campbell challenged the validity of that commission and asserted his own statutory authority under the 1617 Act, demanding surrender of the unmarked books. |
| Neilson, et al v. Sinclairs | 1786 | Feu duties, Teinds, Wadset, Reversion, Disposition, Intromission | George Neilson, Benjamin Sinclair, and other creditors of Robert Manson-Sinclair of Bridge-end pursued Mrs Henrietta Sinclair, Janet Sinclair, and their husbands regarding debts owed by the debtor, petitioning the Court to alter Lord Ankerville's interlocutor of 9 August 1786. The defenders answered the petition, responding to the creditors' claims against Robert Manson-Sinclair. |
Documents discussing this subject (61)
- 180-1785-1800 doc0089
- 180-1785-1800 doc0090
- ADDL. APPENDIX TO KIRK.—John Lang, against Lord Mackenzie's Interlocutor, Of date 31. May 1824. ADDITIONAL APPENDIX.
- Agnes Carruthers v. Jean Watson and John Carruthers Weaver — Answers, 5 Jul 1790
- Agnes Gedd v. Thomas Baker — Information, 28 Jul 1740
- Alexander Chisholm of Muckerach v. Simon Lord Fraser of Lovat — Answers, 7 Feb 1744 [2]
- Alexander-James Grant v. Countess of Sutherland — Petition, 15 Jun 1773
- Andrew Stuart v. Lord Frederick Campbell — Information, 3 Jul 1792
- APPENDIX. BOND of SERVITUDE by John Aitken to James Brown, dated 2d May 1853.
- APPENDIX. CORRESPONDENCE between ALEXANDER PEARSON, Writer to the Signet, and ALEXANDER DOUGLAS, Writer to the Signet. 1.—LETTER ALEXANDER DOUGLAS, W. S. to Mr. ALEXANDER PEARSON,
- APPENDIX. NO. I. Copy—OBLIGATION by Lord Torphichen, to Sir William Augustus Cunynghame, Bart.
- APPENDIX. No. I. LETTER, Mr GALLOWAY to his Creditors, dated Glasgow, 17th August, 1807.
- APPENDIX. RENUNCIATION by the Honourable CHARLES Augustus Murray in favour of his Grace the Duke of HAMILTON and BRANDON, &c., of the Liferent of the Superiority of the Lands of Wh
- Archibald Macneil v. Roger Macneil — Petition
- c1829 Minute Remington
- Campbell v. Monboddo's Interlocuter — Petition, 15 Jan 1793
- David Stewart v. William Scott Moncreiff — Memorial, 10 Nov 1813
- Edmonstone v. Tweedale — Answers, 19 Feb 1772
- Elizabeth Countess of Sutherland v. Alexander-James Grant of Blairich — Answers, 30 Dec 1773
- Frederick Campbell v. Andrew Stuart — Information, 26 Nov 1792
- George Neilson, Benjamin Sinclair, and others v. Mrs Henrietta and Janet Sinclairs — Answers, 25 Jan 1787
- Helen Blackadder and Walter Macfarlane v. John Erskine — Answers, 27 Feb 1760
- Heritors of North Leith v. The Kirk Session — Information, 12 May 1812
- James Farquharson v. Alexander Keay — Memorial, 12 May 1800
- James Scott v. John Bruce-Stewart — Petition, 6 Aug 1776
- James Sutherland of Rearquhar v. The Countess of Sutherland, and her Tutors — Answers, 1 Dec 1773
- Janet Gordon and Magdalene Grant v. George-Alexander Gordon — answers, 25 Sep 1784
- John Belchier, James-William Belchier and John Russell v. Charlton Palmer — Memorial, 1 Mar 1776
- John Braimer v. Gilbert Innes and John Lothian — Answers, 24 Sep 1788
- John Henderson and Andrew Rutherfurd v. John Spittal — Summons, 5 Dec 1839
- John Reid v. Peter Richardson and Others — Decreet, 12 Dec 1753
- Mr. Rose of Balivat v. Colonel Duff of Carnousie — Copy, 4 Mar 1796
- Mrs Fullarton and Husband v. John Hamilton — Answers, 25 Nov 1795
- Neilson, et al v. Sinclairs — Petition, 22 Nov 1786
- Petition and Complaint — David Ross of Priesthill, Esq; liferenter, and John Gordon of Carroll, fiar of the lands of Bindall, and others for their respective rights of liferent and fee; Humbly Sheweth [2]
- Petition and Complaint — John Mackintosh of Dalmunzie, Esq; liferenter, and Mr. Robert Mackintosh advocate, fiar of parts of the lands of Meikle Tarrell, and others for their respective rights of liferent and fee
- Petition — Alexander Chisholm of Mucherach
- Petition — James Chambers against Lord Alloway's Interlocutor
- Petition — James Sutherland of Rearquhar
- Petition — John Campbell, Cashier of the Royal Bank of Scotland, and others, creditors of Maclauchlan of Greenhall [2]
- Petition — Michael Rowand, Esq. against Inner-House Interlocutor [2]
- Petition — M^cKenzie & Lindsay against Lord Justice Clerk's Interlocutor [2]
- Reclaiming Petition — James Sutherland of Evelicks
- Reclaiming Petition — Lieutenant Andrew Sutherland of Cambusavie
- Representatives of John Dunn v. Peter Johnston — Answers, 12 Feb 1796
- Robert Home-Gordon v. Captain Alexander Sutherland — Petition, 2 Dec 1791
- Robert Home-Gordon v. Captain Donald Matheson — Petition Complaint, 12 Nov 1790
- Robert Home-Gordon v. Hugh Rose — Answers, 18 Feb 1791
- Session-Papers-1773-4-Vol.-24-Campbells-Collection doc0007
- Sir William Maxwell and Others v. Lord Spencer Chichester — Memorial, 5 Mar 1808
- Speirs — Petition, 8 Dec 1778
- Stuart — Petition, 22 May 1794
- The Commissioners and Trustees for managing the forfeited annexed Estates in Scotland v. Alexander Chisholm of Muckerach — Information, 25 Feb 1760
- The Countess of Sutherland v. Lieutenant Andrew Sutherland — Answers, 14 Jun 1774
- The Managers of King James the Sixth's Hospital of Perth v. The Patrons of Butter's and Jackson's Mortifications — Report, 20 May 1795
- The Trustees for managing the annexed Estates v. Alexander Chisholm of Muckerach — Memorial, 3 Dec 1760 [2]
- Thomas Buchanan v. John Adam — Information, 19 Jul 1775
- Thomas Dunlop, Colin Dunlop, Alexander Houston, James Ritchie and Colin Rae v. Alexander Spiers and others — Information, 23 Apr 1778
- Trustees for managing the annexed Estates v. Alexander Chisholm of Muckerach — 8 Jul 1760
- VIII.—JOINT MINUTE for JOHN WAITE, Inspector of Poor of the Parish of Dunse, and WILLIAM CARSE, Inspector of Poor of the Parish of Prestonpans, in the action of Declarator, Payment
- William Adam v. Alexander Duthie — Replies, 19 May 1809 [2]
