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.

Published Reports

Mungo Brown, Supplement to the Dictionary of the Decisions of the Court of Session (1826), pg. 635

Locations

Repository & Extent