Legal Subject: Mandate

Case Date Legal Subject Abstract
Alexander Mudie v. John Ouchterlony 13 Jun 1766 Mandate Pursuer Alexander Mudie claimed that Alexander Ouchterlony had verbally commissioned him to purchase a tenement in Arbroath without disclosing that Oucterlony was his principal. Mudie was sued in connection with the deal and, in turn, raised an action against Ouchterlony; however, Ouchterlony died while the litigation was pending. Mudie then renewed the process against Ouchterlony’s representatives. They denied any knowledge of the commission and argued that it could only be proved by a writing.
Davidson v. Elphinstone 6 Jul 1802 Mandate, Freeholder, Property rights, Title (detour), Landlord Robert Hill, as the agent of the Honourable Charles Elphinstone, Captain of the Royal Navy, claimed property rights of Eastern Glenboig, otherwise known as Endboig, with the mill, mill-lands, and other land (County of Stirling). The Title-deeds (Detour) and other records related to the case were submitted in order to support the enrollment of C. Elphinstone. Harry Davidson objected, first that the titles were not legal evidence of the old extend, and second, that Hill was not entitled to act in name and on behalf of H. Charles Elphinstone, because he was out of the Kingdom and there was no special mandate granted to Hill for such purposes. Taking into consideration the objections, the Lords sustained that H. Charles Elphinstone could not be enrolled as a freeholder (landlord) of the Glenboig.