AI-transcribed

Seisin. (See Title to Land.)

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: Sasine

Case Date Legal Subject Abstract
Alexander Bennet v. David Maxwell 1787 Tack, Arrestment, Debt, Lease, Rent, Sasine Alexander Bennet, as pursuer, challenged a tenant’s missive as invalid for lacking formality or stamp, and David Maxwell, as defender, responded asserting the missive’s validity under pacta esse servanda. Based on the single document cataloged for this case.
Anderson v. Saunders 1829 Sasine, Interdict, Aliment, Feu, Interlocutor, Possession James Anderson and others raised an action of suspension and interdict against Robert Saunders concerning Saunders’ obstruction of a common stair leading to Anderson’s cellars and back-green, which Saunders used to access a sunk storey via a locked spar-door. Saunders answered the reasons of suspension and interdict, resisting the claims of nuisance and exclusive use. Following an interlocutor by Lord Medwyn, Ordinary, Anderson reclaimed against the decision, and Saunders subsequently appealed the interdict and suspension order barring his access. Both parties then submitted Cases arguing their competing rights to the stair, with Anderson contending that Saunders had no right to shut up the common passage and Saunders seeking alteration of the interlocutor granting the interdict against him.
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.
Black v. Allason 1788 Bankruptcy, Debt, Creditor, Disposition, Reduction, Sasine William Black, carrier and portioner in Falkirk and pursuer, petitioned the Court to alter its recent interlocutor against defender Allason. Based on the single document cataloged for this case.
Bruce v. Cunynghame 1790 Disposition, Freeholder, Charter, Seisin, Sasine, Assignation James Bruce of Kinnaird petitioned the Court to expunge Sir William Augustus Cunynghame from the freeholders' roll of Stirling, alleging that Cunynghame’s qualification was nominal, fictitious, or held in confidence rather than by real right. Cunynghame answered that his freeholder qualification was genuine and supported by valid titles, a defense joined by David Cunynghame, younger of Livingstone, who asserted that the land titles were fully documented. Bruce replied and Cunynghame duplied, continuing the dispute over whether the enrollment rested on a real or merely nominal qualification.
Bruce v. Davidson 1791 Valuation, Feu duties, Sasine, Process, Security, Property Colonel Andrew Bruce, pursuer, led proof by James Ferrier, writer to the signet, against defender Harry Davidson to the effect that the proof should proceed as agreed by both parties and commissioners. 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.
Carnegy v. Gardyne 1796 Sasine, Charter, Register, Freeholder, Infeftment, Disposition James Lindsay Carnegy petitioned to overturn the enrolment of Charles Gardyne as a freeholder at the Michaelmas head-court for Forfar, contending that the sasine of 1789 underlying Gardyne's claim proceeded upon an exhausted precept and that the claim failed to specify the register in which the sasine was recorded as required by statute. Gardyne answered that his claim satisfied the statute of the 16th of the late King and that the omission of the register specification was immaterial. Carnegy replied insisting upon the necessity of specifying the register, while Gardyne reiterated that his claim met all statutory requirements without such specification and had been properly accepted.
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.
Edmonstone v. Morehead 1790 Freeholder, Disposition, Teinds, Charter, Sasine, Assignation George Edmonstone, a minister, petitioned the Court to overturn the Stirlingshire freeholders' refusal to admit him to the electoral roll, while William Morehead of Herbertshire defended the decision by challenging Edmonstone's qualification. Edmonstone submitted replies and duplies addressing objections to his qualification, and his agent William Craig filed answers to Morehead's condescendence. The pleadings repeatedly referenced parallel litigation involving Edmonstone's brother Charles Edmonstone and another freeholder, Mr. Cheape.
Henry v. Russell 1794 Succession, Entail, Disposition, Sasine, Tailzie, Teinds
Hepburn and Massow v. Duff and Davidson 1793 Prescription, Tack, Aliment, Thirlage, tenant, Sasine Robert William Duff and his tenant John Donaldson, defenders in the action by Hepburn and Massow, petitioned against Lord Monboddo's interlocutors. Based on the single document cataloged for this case.
J. J. Hope Vere v. Right Hon. Charles Hope and Others 1822 Succession, Entail, Tailzie, Prescription, Disposition, Sasine James Joseph Hope Vere pursued an action of declarator against the Right Honourable Charles Hope and the other Heirs of Entail of Craigiehall regarding the succession to the estate and the effect of the tailzie of 1708. The pursuer contended that the lands were held free of entail fetters, while the defenders maintained that the 1733 marriage contract had not altered the destination of the original entail and asserted that Hope Vere was barred from reduction by contravention, forfeiture, prescription, and the tailzie's resolutive clause. Between 1823 and 1830 the parties exchanged successive defences, informations, and revised cases disputing the construction of the entail and the validity of the subsequent titles.
John Adair v. Robina and Jean Adairs 1786 Succession, Exhibition Ad Deliberandum, Witness, Debt, Sasine, Bonds John Adair, merchant in Dublin, petitioned the Court to overturn Lord Swinton's interlocutor dismissing his action for exhibition ad deliberandum against Robina and Jean Adairs. Based on the single document cataloged for this case.
John Murray v. James Scott 1794 Feu duties, Teinds, Interlocutor, Feu, Sasine, Assignation John Murray petitioned the Court of Session to alter its recent interlocutor in his action against James Scott. Based on the single document cataloged for this case.
John Smith v. Marion Wilson, and Others 1791 Succession, Aliment, Heirship Moveables, Heritor, Sasine, Recompence John Smith petitioned the Court of Session to alter an interlocutor pronounced by the Lord Justice Clerk regarding a garden at Muirend. Marion Wilson, wife of Robert Mann, and others answered, asserting that the garden was not a præcipuum and thus not entitled to exclusive claim by the eldest sister. The litigation turned on whether the property constituted a præcipuum subject to the eldest sister's exclusive right.
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.
Miss Isabella Brown and Mandatary v. J. A. Cheyne and J. M'Kean 1830 Trustee, Ranking and Sale, Creditor, Disposition, Trust, Sasine Miss Isabella Brown sued James Auchinleck Cheyne and John M'Kean for £500 and damages, alleging negligence in the defenders' purchase of Malta Terrace, Edinburgh on her behalf. The defenders answered, denying liability for the alleged negligence in the transaction. The litigation proceeded with reclaiming notes filed by both parties regarding interlocutory orders, including an argument by the defenders that Brown lacked title to maintain the action or to seek relief against their interlocutor.
Proctor v. Carnegy 1796 Disposition, Sasine, Charter, Infeftment, Assignation, Seisin Patrick Proctor pursued an action against Sir David Carnegie to establish the validity of a sasine, maintaining that the seisin was legally complete without a commission from Lord Strathmore and that the freeholders and Court had improperly rejected his inrolment. Carnegie defended by contending that the commission was an essential part of the title which Proctor had failed to produce to the freeholders, rendering the seisin null. The parties exchanged informations and memorials debating the necessity of the commission and the legal effect of the sasine.
Representatives of Laurie v. Bell 1797 Disposition, Succession, Sasine, Tack, Aliment, Heir The Representatives of Laurie, as suspender and holder of a four-fifths interest, sought suspension of a sale against Bell on the ground of a title defect affecting the share of the pupil Gilbert Laurie Finlay, son of the deceased Jean Laurie. Based on the single document cataloged for this case.
Robson v. Robson 1793 Succession, Disposition, Sasine, Aliment, Heir, Adjudication George Robson petitioned the Court to overturn Lord Ankerville's interlocutor concerning their father's settlement, which had favored George over his elder brother James. James Robson answered, asserting that the father had exercised a reserved power to alter the settlement by granting an acre in Jedburgh to James as heir at law. George replied, contending that James was not entitled to the acre because the term "heir" in the settlement referred to the legal heir rather than the heir of investiture.
Stobie v. Scotland 1786 Tack, Interlocutor, Aliment, Lease, Possession, Sasine John Stobie, a writer in Edinburgh, petitioned the Court to overturn a sheriff’s interlocutor that had absolved John Scotland, tenant in Lufcar, from the complaint. The dispute concerned legal objections to a holograph agreement. Scotland answered the petition, responding to the pursuer’s challenges to the instrument.
T. Mansfield (Stuart's Trustee) v. Walker's Trustees 1830 Sequestration, Bankruptcy, Trustee, Creditor, Sasine, Disposition Thomas Mansfield, as trustee upon the sequestrated estate of James Stuart, raised a summons of reduction against John Sutherland Sinclair and subsequently against Josiah Walker and the representatives of Professor Walker, contesting the defenders' assertion of a right to preference over the general body of creditors. The process was advanced to the record, after which Mansfield submitted a revised case maintaining that the defenders' claim to priority in the bankrupt estate was unfounded.
The Creditors of James Stein v. Newnham, Everett and Company 1792 Bankruptcy, Debt, Creditor, Infeftment, Sasine, Sequestration The creditors of James Stein, represented by David Steuart as trustee, pursued Newnham, Everett and Company regarding a heritable bond conveyed to the defenders as collateral security for a cash account. The trustee argued that the bond was ineffectual as to all sums because it constituted indefinite security for future advances, while the defenders maintained that it remained valid notwithstanding the bankrupt estate.