Sale by auction.
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: Roup |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Campbell v. Campbell | 1786 | Contract, Debt, Aliment, Bill of Exchange, Roup, Sale | This case was a dispute over the sale of a horse. The pursuer, Dugald Campbell of Craignish, alleged that Neil Campbell of Duntroon sold him a horse that turned out to be lame. Case documents include a number of depositions by witnesses. |
| Erskine and Burns v. Thomson and Son | 1789 | Debt, Aliment, Roup, Possession, Apprentice | David Erskine and Robert Burns submitted proof as pursuers against defenders Alexander Thomson and Son, asserting the necessity of repairs to a ruinous house. Based on the single document cataloged for this case. |
| Fergusson v. Mosman, et al | 1796 | Debt, Teinds, Creditor, Bankruptcy, Roup, Stipend | William Fergusson sought abatement of a retained sum from the sale of the Arrochar estate on the ground that unvalued teinds had been evicted following the purchase, arguing that this undisclosed burden warranted equitable relief. Hugh Mosman and John Anderson, common agents for the Macfarlan creditors, answered, asserting that the teinds had been exhausted and that no deduction from the price was therefore due. The dispute turned on whether the post-sale eviction of unvalued teinds entitled the purchaser to abatement where the burden had not been disclosed, or whether the exhaustion of those teinds precluded such relief. |
| Grinlay &c v. Lord Gardenstone's Interlocutor | 1792 | Arrestment, Sequestration, Hypothec, Roup, Possession, Rent | Grinlay and others petitioned the court to revise Lord Gardenstone’s interlocutor, arguing that as bona fide purchasers at public sale they were not liable for furniture from Mrs. Campbell and that the sheriff’s rent preference was improper. Based on the single document cataloged for this case. |
| Macdougal v. Duncan | 1791 | Lease, Tack, Rent, Damages, Roup, Possession | Alexander Macdougal, as pursuer against Duncan, defender, petitioned the Court against Lord Alva's interlocutor to remit the decree of summary removing and damages. Based on the single document cataloged for this case. |
| Robertson v. McClure | 1779 | Roup, Penalty, Removing, Sist, Debt, Adjudication | In 1758, John McClure commissioned William Robertson to offer £112 for a house and yard at a public roup (auction). According to McClure, Robertson purchased the property at a higher rate than authorized. McClure refused to pay the price. Robertson then became subject to penalties and other expenses, which compelled him to bring a process against McClure before the Magistrates of Ayr. The Magistrates granted a decree in absence, against which McClure then obtained a (sist) judicial stay. Despite this stay, Robertson then made the debt over to James Fergusson. In August 1775, Fergusson obtained a decree of adjudication against McClure on account of the above-mentioned decree and some debts that had been owed by McClure's father. Fergusson then assigned this adjudication to Robert Robertson, the son of William Robertson. Robert Robertson took possession of some property owned by McClure after which he successfully brought a process of removing against him. McClure applied by bill of suspension to the Court of Session, which was refused by Lord Gardenstone. McClure then petitioned the Court for review, arguing that both debts were invalid: one, because there was a sist on it, and the other, because it had been extinguished by a decree of mails and duties obtained by Robertson. Furthermore, he argued that because his property were jointly owned by him and his four siblings, the charger's decree of moving was erroneous in regard to four-fifths of the property. |
| Trustees of Batties-mains v. Armadale | 1800 | Trust, Roup, Estate, Roads | Mr. Carmichael left the lands known as Batties-mains in his trust for the education of poor scholars at a public school located there. The trust required that the land not be sold, so some of the trustees agreed to rent out parts of the land for a fixed time period to other parties. They subsequently agreed to allow Lord Armadale to build a road through the lands of Batties-mains to his own estate of Smyllum, on the condition that after the renting period was up, he would destroy the road and return the ground to its prior condition. The final trustee to review the agreement, Minister Fergusson, disapproved of a clause which stated that the road would be Lord Armadale's property, and disputed it based on his belief that it undermined the true intent of the original trust. |
Documents discussing this subject (51)
- Alexander M'Donald v. John Young, Mrs. Ballantyne, John Crawford — Answers, 30 Dec 1779
- ANSWERS FOR JOHN HOG Merchant in Perth, TO PETITION of John Smith writer to the signet, Charles Guthrie and James Stormonth writers in Edinburgh, John Thomson carver, and Alexander
- ANSWERS to the CONDESCENDENCE and CLAIM for Mrs Jane Galt and Dr Black, her husband; and to the CLAIM for Mrs Captain Denniston and her Son. PLEA IN LAW. ANSWERS to the CLAIM for W
- ANSWERS to the CONDESCENDENCE and CLAIM for Mrs Jane Galt and Dr Black, her husband; and to the CLAIM for Mrs Captain Denniston and her Son. PLEA IN LAW. ANSWERS to the CLAIM for W
- Anthony Donald v. Thomas Thomson and Anthony Adrian, Earl of Kintore — Pleas in Law, 3 Jun 1829
- APP. to PET. for W. C. LEARMONTH, Esq. &c. AGAINST Inner-House Interlocutor. ALEX. PEARSON, W.S. Petitioners' Agent. ALEX. DOUGLAS, W.S. Respondent's Agent. Sir R. DUNDAS, Clerk. A
- 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. Articles of Roup.
- APPENDIX. No. I. REPORT by William Lawrie, Writer in Glasgow, InterimFactor on the Sequestrated Estate of Hugh Gilchrist, Merchant in Glasgow.
- Arthur Gibbon and William Gibbon v. William Ogilvie — Answers, 4 Jan 1787
- Daniel, &c. Murrays v. Mrs Patricia Blair — Memorial, 8 Jan 1793
- David Erskine and Robert Burns, &c. v. Alexander Thomson and Son — Proof, 29 Jan 1789
- Dugald Campbell v. Neil Campbell — Memorial, 23 Sep 1786
- Duncan Carmichael v. Mrs Fanny Cameron and Others — Answers, 5 May 1815
- General-Collection-of-Session-Papers-1831-12-FEB--23-FEB-221-224-257 doc0078
- Grinlay &c v. Lord Gardenstone's Interlocutor — Petition, 9 Mar 1792
- Hannay — Petition, 23 Dec 1791
- Honourable Mrs Carolina Cochrane and Others, Trustees of the Honourable Basil Cochrane v. Thomas Fergusson and Robert Fergusson — Answers, 12 Dec 1828
- III.—STATEMENT of FACTS for Respondent, Robert Crawford, and ANSWERS thereto for SUSPENDERS.
- James Merry v. Mary Dun or Mason — State of the Process, 2 Mar 1835 [2]
- Janet Barber v. John Caddell — Petition, 26 Jun 1789
- John Briggs v. Robert Stark and Mrs Janet Balfour — Answers, 12 Nov 1778
- John Kennedy v. Alexander Buik and Others — 19 Dec 1846
- John Richardson Dickson v. The Magistrates of Dumfries — Bill of Suspension
- LC Volume 02 — Petition, 21 Nov 1786 [2]
- LIST of Burgess Tickets produced with the Additional Petition for the Burgesses of Lauder.
- M19-1780s doc0031b
- Macdougal v. Duncan — Petition, 22 Nov 1791
- Margaret Hog v. William Merton Craigie-know — Answers, 5 Jan 1761
- Mary Dun v. James Merry — Appendix, 5 Jul 1833 [2]
- Mitchell v. Kerr and Shearer — Petition, 15 Jul 1779
- Mrs. Darling and her Children v. James Adamson — Minute, 22 Feb 1838
- Mrs. Margaret Campbell and Husband v. Messrs. Walter Brown and Son — Condescendence, 14 Jul 1826
- No. I. EXAMINATION OF JOHN PATERSON. In presence of James Maidment, Esq., Advocate, Commissioner, and Charles J. F. Orr, W.S., Common Agent in the Ranking and Sale at the instance
- PET. J. Wilkie, For Replies, John Moir, W. S. Agent. UNTO THE RIGHT HONOURABLE, The Lords of Council and Session, THE PETITION OF JAMES WILKIE of Gilchrifton,
- Petition — David Limond
- Petition — George Gordon
- Petition — Lord Somerville, and David Forbes Writer in Edinburgh
- Petition — Robert Ready of Netherhall, and Robert Low of Brackly, Surviving Trustees of the deceased Adam Tod of Kinross Mill against Lord Pitmilly's Interlocutor
- Reclaiming Petition — John Innes, Esq; against Lord Meadowbank's Interlocutor
- Robert Farquhar v. James Morison — Information, 6 Dec 1769
- Robert Muir v. Andrew Wilson — Appendix, 5 Apr 1819
- Rutherford v. Rutherford and Potts — Petition, 7 Feb 1788
- Sir William Francis Eliott of Stobs and Wells, Bart. v. James Cleghorn, Esq. of Halkburn and George Cleghorn, Esq. of Weens — Answers, 31 Jan 1824
- Suspension. 1837
- Thomas Sibbald and John Carmichael v. William Maben — answers, 2 Dec 1784
- Thomas Thomson and Earl of Kintore v. Anthony Donald and George Roger — Reclaiming Petition, 5 Dec 1829 [2]
- W. Ferguson v. Hugh Mosman and John Anderson — Answers, 12 May 1796
- William Wallace v. John Osburn Brown — Answers, 10 Feb 1808
- Young and Others v. MacDonald — Petition, 13 Nov 1779
- Young and Others v. MacDonald — Petition, 17 Dec 1779
