In 1766, Robert Tweedale, defender, owed money to James Edmonstone, pursuer. Tweedale could not repay Edmonstone at that time. As security for the eventual payment, Tweedale granted Edmonstone the right to "infeft," or take possession of, some old houses in Mid-Calder. Edmonstone agreed to delay seeking payment provided that Tweedale delivered possession of the houses to him. Despite this agreement, Edmonstone did not take possession of the houses and allowed Tweedale to continue living in them. Edmonstone grew tired of the delays in payment and found that the homes were in such a poor state of repair that their sale would not cover the cost of the debt. Edmonstone brought a process against Tweedale before the sheriff-depute of Edinburgh seeking to collect payment. He argued that the homes stood as security for future payment of the debt, and did not constitute the payment itself. Tweedale, however, countered that his infestment to Edmonstone satisfied the debt, an argument that the sheriff-depute accepted. In the Court of Session, the Lord Ordinary initially found for Edmonstone, but later reversed his own ruling. The documents here represent Edmonstone's attempts to convince the full court to rule in his favor.
Documents in this case (3)
- Edmonstone — Petition, 3 Feb 1772February 3, 1772 Petition of James Edmonstone, asking the Court to alter the Lord Ordinary's interlocutor of January 23, 1772, and adhere to the November 21, 1771 interlocutor.
- Tweedale — Answers, 19 Feb 1772February 19, 1772 Petition of the petitioner asking the Court to alter its view that the deed does not constitute a sale under reversion
- Edmonstone — Petition, 9 Mar 1772March 9, 1772 Memorial of the petitioner, arguing that accepting a right in security does not bar him from recovering his debt otherwise than out of the pledge
People & places in this case
People involved
- James Edmonstone — Pursuer
- Robert Tweedale — Defender
- William Craig, Lord Craig — Advocate for Pursuer
- John MacLaurin, Lord Dreghorn — Advocate for Pursuer
- Charles Hay, of Newton, Lord Newton — Advocate for Defender
- James Erskine, Lord Barjarg and Alva — Lord Ordinary
Places
- Mid Calder (principal)
In 1766, Robert Tweedale, defender, owed money to James Edmonstone, pursuer. Tweedale could not repay Edmonstone at that time. As security for the eventual payment, Tweedale granted Edmonstone the right to "infeft," or take possession of, some old houses in Mid-Calder. Edmonstone agreed to delay seeking payment provided that Tweedale delivered possession of the houses to him. Despite this agreement, Edmonstone did not take possession of the houses and allowed Tweedale to continue living in them. Edmonstone grew tired of the delays in payment and found that the homes were in such a poor state of repair that their sale would not cover the cost of the debt. Edmonstone brought a process against Tweedale before the sheriff-depute of Edinburgh seeking to collect payment. He argued that the homes stood as security for future payment of the debt, and did not constitute the payment itself. Tweedale, however, countered that his infestment to Edmonstone satisfied the debt, an argument that the sheriff-depute accepted. In the Court of Session, the Lord Ordinary initially found for Edmonstone, but later reversed his own ruling. The documents here represent Edmonstone's attempts to convince the full court to rule in his favor.
