| Clark v. Bell |
1802
|
Statute of limitations, Literary Property, Copyright, Adjudication, Sale, Sequestration |
Andrew Bell, an engraver, included pages from James Clark's book in the Encyclopedia Britannica without permission. James Clark claimed that he had the copyright to the information, but Bell argued that the statute of limitations had expired on the claim. The case had originally been heard by a Lord Ordinary who had required Bell to return the pages to Clark. However, Bell appealed the statute of limitations issue to the higher court, which agreed with him that it was possible Clark's claim to the material had expired. As a result, the case was remanded to the Lord Ordinary to reconsider the penalty he had imposed requiring Bell to return the pages to Clark.
Note: Clark is indexed as "Clerk" in the digest. |
| James Russel v. James Fairie |
1791
|
Debt, Prescription, Bill of Exchange, Interlocutor, Statute of limitations, Oath |
Documents uploaded. Full description in progress. |
| Jean Coalston, Pursuer v. Archibald Stewart, Merchant in Queensferry, Defender |
1770
|
Bankruptcy, Debt, Aliment, Statute of limitations, Interlocutor, Promissory note |
The late George Stewart, merchant, who had filed for bankruptcy in London in 1749, owed money to Peter Coalston, the petitioner's brother, who had not participated in the bankruptcy arrangement. Later, Stewart started making money again and died, quite solvent, in 1758, with his bother Archibald as heir. Jean Coalston, as her brother's heir, sought to collect the debt. At the issue was the extraterritoriality of English law, in particular whether the laws of bankruptcy in England were applicable and valid in Scotland, as bankruptcy proceedings in Scotland were voluntary for creditors, whereas in England they were obligatory. |
| Martin and Ker v. Robertsons |
1792
|
Debt, Prescription, Statute, Statute of limitations, Creditor, Aliment |
Martin and Ker pursued a debt claim against Robert Robertson, a minor, and his tutors, who defended by asserting that prescription barred the action under the 1579 statute, requiring the creditors to prove the debt and its unpaid status beyond three years. Based on the single document cataloged for this case. |
| Sym v. King |
1796
|
Debt, Prescription, Statute of limitations, Bill of Exchange, Trustees, Creditor |
Sym pursued King to compel production of vouchers for payments the defender claimed to have made to creditors of his deceased son James King. King resisted by pleading prescription to bar action on a 1782 bill, citing a thirteen-year lapse and the debtor’s post-due assurances. |
