1766–1767
In February 1734, James Maxwell of Kirkconnell accepted a bill to Maxwell of Craswadda for £38 Sterling, payable 1st May thereafter. This was allowed to lie over, without being protested or registrated, or any diligence on it, till summer 1765; when an action for payment was brought, at instance of Craswadda's executor, against James Maxwell then of Kirkconnell, as representing his father James Maxwell, the acceptor of the foresaid bill. Lord Ordinary decerned for payment; the defenders reclaimed to the Lords. (Morison, Decisions).
Documents in this case (2)
- Maxwell v. Maxwell — Petition, 29 Nov 1766James Maxwell petitions to alter court ruling, citing 1734 bill’s 31-year prescription and creditor’s silence as proof of payment.
- John Maxwell v. James Maxwell of Kirkconnel and Mary Riddel — Answers, 17 Dec 1766John Maxwell, writer in Dumfries and executor of William Maxwell of Carfwadda, responds to petitioners James Maxwell of Kirkconnel and Mrs Mary Riddel on December 17, 1766.
People & places in this case
People involved
- John Maxwell — Pursuer
- James Maxwell, of Kirkconnell — Defender
- William Mackenzie, of Belmaduthie — Advocate for Defender
- Robert MacQueen, Lord Braxfield — Advocate for Pursuer
- Alexander Boswell, Lord Auchinleck — Lord Ordinary
- William Maxwell, of Craswadda — Named in case documents
- James Maxwell, of Kirkconnell — Named in case documents
- Andrew Hunter — Named in case documents
- Mary Riddel — Named in case documents
- Lady Logan — Named in case documents
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 1645
