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Memorial of Captain John Rutherford, only surviving brother of the late Thomas Rutherford, Esq. of Knowsouth, arguing that the legal succession to the estate should not proceed without certainty of his death.

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Respondent defends against petitioners' claim for damages over interruption of a service to declare death of Lieutenant Rutherford, asserting his opposition was lawful and motivated by duty, not malice.

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Answers by Captain John Rutherford to the petition of William Somerville, asserting that the petitioner's action is not for implement but for damages, and that the requested decree is irregular.

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Petitioner seeks a decree in security for his right to liferent lands and damages against Captain Rutherford and John Thomson for obstructing his wife’s feudal title establishment.

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Petitioners seek to prove facts in a disputed inheritance case alleging a defender knowingly aided false claims and obstructed their lawful service.

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Answers by Captain John Rutherford to the petition of William Somerville, Esq., asserting he made no opposition to the service of the late Mrs Somerville, nor acted from improper motives.

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Respondent answers condescendence in a service claim regarding Lieutenant Rutherford’s disappearance and estate management.

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Respondent John Thomson defends his role as factor for Lieutenant Rutherford’s estate against petitioner William Somerville’s claim of wrongful interference and mala fides.

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Answers by Mr John Thomson, factor for Lieutenant George Rutherford, to the condescendence for Mrs Ann Rutherford, wife of William Somerville, objecting to service on grounds of possible survivorship.

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Pursuer seeks declarator and damages against Captain John Rutherford and John Thomson for obstructing service to establish heirship rights to lands conveyed in antenuptial contract.