1799–1800
CreditorDebtInfeftmentAdjudicationFeuSuccessionJames Farquharson pursued Alexander Keay regarding the lands of Wester Kinloch, asserting a pre-emption right under the feudal charter against the vassal’s sale to third parties. Farquharson sought to strike out or clog Keay’s claim as an onerous creditor proceeding in diligence against the estate of Thomas Mitchell, challenging the validity of the sale and prior decrees as res judicata. Keay defended his position as a bona fide onerous creditor entitled to proceed against the estate notwithstanding Farquharson’s pre-emption claim, while Farquharson petitioned the Court to remit its prior interlocutor on the binding effect of the charter’s irritant clause.AI-generated
Documents in this case (7)
- Petition — Int. Pet. James Farquharson, Esq; C [2]Petition of James Farquharson, Esq; C. Macintosh, W. S. Agent, asking the Court to remit its prior interlocutor concerning the binding effect of the irritant clause in the feu-charter of Wester Kinloch.
- James Farquharson v. Alexander Keay — Answers, 5 Sep 1799Alexander Keay, an onerous creditor, opposes James Farquharson’s petition to strike out or conditionally clog his claim to Wester Kinloch lands under a pre-emption clause.
- James Farquharson v. Alexander Keay — Replies, 4 Nov 1799Petitioner seeks to enforce pre-emption right over Wester Kinloch lands against vassal’s sale to third party, challenging sale’s validity under prior judicial decree.
- Alexander Keay v. James Farquharson — Duplies, 12 Dec 1799 [2]Petitioner challenges respondent’s diligence, claiming it favors co-obligant over creditor and seeks to void decree as res judicata in pre-emption dispute.
- Alexander Keay v. James Farquharson — Memorial, 17 Apr 1800Memorial of Alexander Keay, asserting his right as a bona fide onerous creditor to proceed in diligence against the estate of Thomas Mitchell, despite a pre-emption claim by James Farquharson.
- James Farquharson v. Alexander Keay — Memorial, 12 May 1800Farquharson seeks to strike out lands from sale by creditors, claiming pre-emption right under feudal charter.
People & places in this case
People involved
- John Lindsay Jr., of Covington — Party
- Alexander Mitchell, of Sauchrie — Party
- Alexander Soutar — Party
- Alexander Keay — Party
- Archibald Primrose, of Dalmeny, Earl of Rosebery — Party
- Patrick Cunningham — Party
- David Ritchie, Reverend — Party
- Dr. William Moodie, Reverend — Party
- John Cleland — Party
- Walter Ferguson, of Kinnaird — Party
- Charles Hay, of Newton, Lord Newton — Advocate for Party
- James Keay, of Snaigow — Advocate for Party
- Georege Ross, of Woodburn — Advocate for Party
- Robert Cullen, Lord Cullen — Lord Ordinary
- William Craig, Lord Craig — Lord Ordinary
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 8
| The information regarding this case was derived from an import courteously provided by the Baillii Database of Scottish Court of Session Decisions. In terms of the SCOS project, this databases uses respective BAILII entries as metadata shells for case materials present in the SCOS project partners respective repositories. |
