Court remits deed of 1769 to Lord Ordinary for title review and grants diligence to prove delivery/non-delivery, with joint probation and reporting deadline.
Pursuer Margaret Cubbison seeks to overturn Lord Cockburn’s interlocutor in a reduction action against William Hyslop, requesting certification contra non producta and declarator in her favor.
Court resumed consideration, granted warrant to transmit 1769 deed, ordered defender to print decrees, remitted case for further hearing, and ultimately sustained defender’s plea while ordering pursuer to pay expenses.
Defenders, including James Wyllie and Rickard family, object to consignation of funds held by James Speid, claiming superior estate interest and unjust burden.
Defenders deny liability for disbursements made by pursuers from cargo proceeds, asserting no personal obligation and that pursuers were not out of pocket.
Pursuers claim they advanced funds for ship's disbursements and are owed balance by owners, but defenders deny liability and assert pursuers misapplied funds.
Drybrough & Co. claim compensation from Dempster & Co. for coals and freight proceeds, disputing liability of shipowners via ownership transfers and account discrepancies.
Defender Thomas Drybrough seeks reclaiming of proceeds wrongly applied by pursuers Leyden brothers to settle a debt owed by Duncan and Dempster Companies.
Reclaiming Petition of Thomas Drybrough, against Lord Cockburn's interlocutor, asking the Court to recall the interlocutor and remit the case simpliciter to the Admiral of Leith and his deputes