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 | 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. |
