It may be mentioned that writing is not necessary to prove a sale except in the case of real property and ships.

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: Sale

Case	Date	Legal Subject	Abstract
Benjamin Greig v. John Scott	1829	Debt, Arrestment, Creditor, Disposition, Sasine, Sale	Benjamin Greig, as pursuer, sought declarator, multiplepoinding, and exoneration against defender John Scott with respect to lands conveyed under bond to secure a £3000 debt, following unsuccessful sale attempts and disputes regarding title. Based on the single document cataloged for this case.
Cairns v. Common Agent in Ranking of Newlaw	1791	Debt, Interest, Bankruptcy, Sale, Cautioner, Agent	Thomas Cairns of Dundrenan, Esquire, petitioned the Court against the Common Agent in Ranking of Newlaw. He sought exoneration from the price of lots 1st and 7th of the estate of the deceased David Currie and delivery up of the bond.
Cheape and Lindsay v. Campbell and Creditors	1795	Debt, Adjudication, Creditor, Sale, Succession, Estate	Donald Campbell petitioned to challenge Lord Dregborn's interlocutor permitting creditors James Lindsay and James Cheape to pursue separate adjudications against an estate Campbell was selling as apparent heir, arguing such actions were unnecessary and costly. Based on the single document cataloged for this case.
Colebrooke v. Hamilton	1802	Teind, Estate, Sale, Valuation	In 1749, the Earl of Selkirk, then titular and patron of the parish of Crawfordjohn, sold his lands and teinds of Gilkerscleugh to James Hamilton. At the time, the two wrote up informal documents outlining the current teinds' value. Daniel Hamilton inherited these lands from his grandfather, but was concerned that the teinds had never been formally set at the value stated at the time of the initial sale. He brought the matter to court, asking that the teinds be officially valued at the amount stated in the old documents, which the court granted. George Colebrooke, the current titular of the teinds, opposed this result, and subsequently petitioned that the decision be overruled on the grounds that the original agreement between the Earl and James Hamilton had only constituted a sale of the lands and teinds, and was not meant to permanently establish the value of the teinds. He petitions that the past value of the teinds should not stand for all future teind duties because the agreement had "fallen asleep," or the statute of limitations had passed, and also because the original agreement was a contract of sale, and not a formal valuation.
Corse, et al v Kibble	1793	Copartnership, Contract, Sale, Debt, Dissolution, Partnership	James Kibble, defender in an action raised by Robert Corse, John Black, James Buchanan, and Archibald Buchanan, petitioned to alter the court’s interlocutor, arguing that a resolution of 11 July binding the partners to dissolve their firm at Candlemas 1793 violated the partnership’s unanimity clause. Corse and his co-pursuers answered, maintaining that Kibble acted against his own interest and sought injurious terms.
Dover v. Forsyth	1784	Property, Sale	Agnes Dover, pursuer, alleged that she had made a verbal agreement with Thomas Forsyth regarding a parcel in the village of Glenluce. Under this agreement, Dover would transfer her right to the parcel in exchange for a sale price and payment of a feu duty associated with the property. According to Dover, Forsyth paid part of the sale price and began building a house on the parcel, but he became bankrupt before the house was completed; Forsyth failed to pay the balance of the price or the feu duty. Dover sued Forsyth to recover either the money Forsyth allegedly owed her or, in the alternative, possession of the parcel. In response, the factor on Forsyth’s sequestrated estate argued that Dover should be required to pay for the improvements Forsyth made to the property.
General Greme's Trustees v. Thomas Bruce	1799	Aliment, Thirlage, Trustees, Arbitration, Succession, Sale	Thomas Bruce pursued General Greme's Trustees to void his purchase of the Braco estate, alleging the trustees had concealed a material alteration to the course of Keir Burn that diminished the property's value and safety. The trustees denied withholding information and argued that any damage was compensable and insufficient to annul the bargain. Bruce additionally sought authority to alter the burn's course, prompting disputes over jurisdiction and damages, while technical reports assessed flooding risks and construction costs.
George Haldane, and Others v. Charleton Palmer	1791	Trustee, Creditor, Adjudication, Debt, Sale, Succession	George Haldane and other creditors pursued Charleton Palmer regarding the sale of the Grange estate and the ranking of claims to the proceeds. The creditors of W. Belchier argued that a summons of sale raised at the instance of an apparent heir does not operate as an adjudication for the behoof of the whole creditors, while Haldane sought to have his interest ranked pari passu with the other creditors.
Gibb v. Speirs	1779	Locus Poenitentiae, Sale, Bargain	Robert Gibb had given heritable securities of his land to certain merchants in Paisley. In order to retrieve these securities, Gibb ventured to sell part of his land, Laigh-lyon-crosses (Lower Lyoncross) to Alexander Speirs. He sent Speirs a valuation, and after not receiving a reply, visited him the evening before his own lands were to be auctioned. The two verbally agreed that Gibb would sell his lands to Speirs and then hold a twelve-year lease on the lands; Speirs wrote a letter to Hugh Snodgrass, his agent in Paisley, saying as much. When Speirs later refused to carry out this agreement, Gibb presented a petition to the Sheriff of Renfrewshire, requesting that the defenders be compelled to produce the letter and the initial valuation. When the Sheriff's summons went ignored, the case came before the Court. Speirs argued that his agreement with the Gibb was merely verbal, and he was therefore in locus poenitentae (not yet legally obliged to stand by the agreement). He further argued that Gibb's lands had in fact been conveyed to his creditors, and they were no longer his to sell. Gibb disputed both of these claims.
Hitchiner v. Stewart	1802	Assignees, Merchants, Sale, Rei vindicatio	Hitchiner, Hunter & Company gunpowder manufacturers raised an action “rei vindication” or an action to recover the price of gunpowder against Stewart and Ninian. The Defenders bought some gunpowder from pursuer’s agents (Messrs and J. Robertson) without knowing that Hitchiner, Hunter & Company owned the gunpowder. Messrs and J. Robertson became bankrupt and Defendants applied a set off of some debts that they have with each other. The Lords cited the general principle of law "Bona Fide" to sustain that: (i) Defendants purchased and transacted fona fide with Pursuer's agents, due to Defenders were entitled to plead compensation on a debt that they had with Robertson and company, and (ii) Pursuers did not have an action for recovery against Stewart and Ninian, as third party of the relationship with their agents.
James Fisher v. Donald Maclachlan	1769	Sale, Security	This case was about the interpretation of documents relating to a land transaction. Lachlan Maclachlan of Innis Chonnell, an ancestor of defender Donald Maclachlan, was arrested on account of his debt to Dougal Campbell of Edderline. Lachlan sought help from Duncan Fisher, the father of pursuer James Fisher, and the parties agreed to a three-part transaction. First, Duncan executed a bond of presentation attesting that he would present Duncan at a specified time and place or pay the debt to Campbell, plus a penalty. Second, Lachlan executed a minute of sale in which he agreed to transfer his lands to Duncan. Finally, in a note of depositation, Duncan and Lachlan agreed that if Lachlan paid his debt on the specified day, the minute of sale would become null and void. Lachlan did not present himself or pay the debt, and the minute of sale was registered in the sheriff court. For many years, Fisher and his heirs failed to obtain possession of the land, but pursuer James Fisher eventually raised an action for that purpose. In litigation, the parties disputed the nature of the transaction. James contended that the original parties had intended a true sale of the lands. However, defender Donald Maclachlan argued that the land transfer was merely a security, and that he could retain the lands by paying off the original debt.
McBrayne v. Arthur	1786	Contract, Copartnership, Sale, Possession, Valuation, Tack	Donald M'Brayne sought suspension against Arthur to prevent the partners from altering business affairs following the expiry of their contract, alleging breach of the Sixth Article which required an offer of assets. Based on the single document cataloged for this case.
Mures, et al v. Hannay, et al.	1793	Agent, Debt, Sale, Interlocutor, Creditor, Statute	Sir Samuel Hannay and his co-defenders petitioned the Court to alter the Lord Ordinary's interlocutor, requesting either that the Court fix a time and place for creditors to elect a common agent for the sale and ranking or that it appoint Archibald Swinton or another person to that office. Based on the single document cataloged for this case.
Playfair v. Riddell and Riddell 1 of 2	1793	Possession, Bargain, Sale, Rent, Locus Poenitentiae, Disposition	William Robertson petitioned the Court to alter its recent interlocutor against Messrs Riddell and Mr Davidson. Based on the single document cataloged for this case.
Robert Callander v. John Milligan	1847	Arrestment, Debt, Defamation, Bankruptcy, Sale, Damages	Robert Callander pursued John Milligan for damages for defamation and unlawful apprehension. Callander alleged that Milligan had instigated false accusations of cattle theft, causing Callander's detention by police at Carlisle and resulting in lost sales and reputational injury. Milligan denied liability, contending that Callander had stolen the cattle rather than purchased them through an assignee as claimed, while Callander maintained he had paid for the beasts before being wrongfully detained.