Charger Susan Murdoch sought to collect on a bond from suspenders Robert Donald, James Hepburn, and Walter Stirling. Stirling was also a nephew and factor to Murdoch. The suspenders refused to pay on the bond, alleging that Murdoch suffered from mental infirmity and old age ("weak both in body and in mind"). Murdoch denied this charge and maintained that the suspenders fabricated this allegation to delay or avoid payment on the bond. The suspenders denied that they were trying to take advantage of Murdoch. They maintained they were still obligated to pay on the bond at five percent interest. They also argued that Murdoch is not capable of taking care of her own affairs, and that other individuals in Murdoch's life were trying to get their hands on the money from the bond.
Documents in this case (6)
- Robert Donald, Walter Stirling and Company v. Susanna Murdoch — Memorial, 4 Mar 1771March 4, 1771 Memorial of the memorialists, arguing that paying the sum charged for would endanger the charger’s welfare and expose her to exploitation by those in influence over her.
- Donald v. Murdoch — Memorial, 4 Mar 1771March 4, 1771 Memorial of Susan Murdoch, arguing that her nephew Walter Stirling unlawfully withheld interest on a bond due to her, and that his claim to a legacy was revoked by her own settlement.
- Donald — Memorial, 31 Jul 1771July 31, 1771 Memorial of the memorialists, arguing that the charger's estate must not be uplifted without Court authority, as she is under undue influence and her interests are being mismanaged.
- Additional Memorial Donald, 23 Oct 1771October 23, 1771 Information of the suspenders, arguing that a letter attributed to Janet Murdoch was drafted by Mr Stirling at her request and signed by her, not by him.
- Donald v. Murdoch — Replies, 21 Nov 1771November 21, 1771 Information of Susan Murdoch, arguing that the suspension of the bond charge is unjust and causes her financial distress
People & places in this case
People involved
- Susan Murdoch — Charger
- Robert Donald — Suspender
- James Hepburn — Suspender
- Walter Stirling — Suspender
- David Dalrymple, of Westhall, Lord Westhall — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- George Broun, of Coalston, Lord Coalston — Lord Ordinary
- John Murdoch, of Craigton — Named in case documents
Places
Where this case took place
Charger Susan Murdoch sought to collect on a bond from suspenders Robert Donald, James Hepburn, and Walter Stirling. Stirling was also a nephew and factor to Murdoch. The suspenders refused to pay on the bond, alleging that Murdoch suffered from mental infirmity and old age ("weak both in body and in mind"). Murdoch denied this charge and maintained that the suspenders fabricated this allegation to delay or avoid payment on the bond. The suspenders denied that they were trying to take advantage of Murdoch. They maintained they were still obligated to pay on the bond at five percent interest. They also argued that Murdoch is not capable of taking care of her own affairs, and that other individuals in Murdoch's life were trying to get their hands on the money from the bond.
