1792–1794
DebtAdjudicationInterestTeindsCreditorSecurityDavid Landale, surgeon in Leven, sought to reduce decrees of adjudication and expiry of the legal granted against his uncle Thomas Landale, arguing that the claims contained pluris petitio and had been extinguished by intromissions made within the legal period. After Edward McCormick petitioned to alter an interlocutor, Landale renewed his challenge in 1794 on grounds of pluris petitio, informality, and extinguishment, prompting the defenders to file duplies confined to factual allegations. Landale subsequently maintained that adjudication being an articulate diligence, a pluris petitio in one article did not invalidate the entire decree.AI-generated
Documents in this case (7)
- David Landale v. John Carmichael of Skirling — Memorial, 6 Sep 1792September 6, 1792 Memorial of David Landale, Surgeon in Leven, arguing that decrees of adjudication and expiry of the legal against his uncle Thomas Landale must be reduced due to pluris petitio and extinguished intromi…
- Landale v. Carmichael, et al — Petition, 30 May 1793May 30, 1793 Petition of Ed. MᶜCormick asking the Court to alter its recent interlocutor
- David Landale v. John Carmichael of Skirling and James Christie of Durie — Replies, 31 Jan 1794January 31, 1794 Petition of the petitioner asking the Court to overturn the adjudication on the grounds of pluris petitio, informality, and extinguishment by intromissions within the legal.
- David Landale v. John Carmichael of Skirling and James Christie of Durie — Duplies, 1 Mar 1794March 1, 1794 Duplies by the defenders to the petition, confining themselves to factual allegations without argument.
- David Landale v. John Carmichael — Memorial, 24 Apr 1794April 24, 1794 Memorial of the memorialist, arguing that an adjudication is articulate and thus a pluris petitio in one article does not invalidate the whole
People & places in this case
People involved
- Alexander Maitland Gibson — Party
- John Dalrymple, Earl of Stair — Party
- Helen Greig — Party
- Edward McCormick — Advocate for Party
- Archibald Fletcher, of Parkhill — Advocate for Party
- William Tait — Advocate for Party
- Mr. Hugh Maxwell — Advocate for Party
- Robert Dundas Macqueen, of Braxfield — Advocate for Party
- James Burnett, Lord Monboddo — Lord Ordinary
- Sir James Fergusson, of Kilkerran, Lord Kilkerran — Lord Ordinary
- Henry Home, of Kames, Lord Kames — Lord Ordinary
- Robert Bruce, of Kennet, Lord Kennet — Lord Ordinary
- Robert MacQueen, Lord Braxfield — Lord Ordinary
Places
- Edinburgh (principal)
- Skirling
- River Leven
- Kennoway
