SCOS Archive | The University of Virginia Law Library

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Pursuer claims guarantor liable for bill drawn after guarantee, despite lack of prior bill of lading; defender denies applicability and asserts executor authority.

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Pursuer seeks decree against defender for debt arising from goods sold to deceased brother, challenging defenses of executor immunity and unstamped guarantee.

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James Grieve sues David Dow for £87.1.9d. owed under a guarantee letter, alleging Dow as executor is liable for unpaid bill despite condition requiring bill of lading and invoice.

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Advocation seeking to uphold a guarantee despite lack of bill of lading, arguing actual delivery satisfied contractual terms.

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Defenders seek to reclaim an interlocutor and oppose heirs’ claims to marital provisions and estate attachment under statute 1685.

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Defender resists advocator’s claim to title-deeds, arguing bond security rights preclude early delivery until payment term, and seeks reimbursement of process expenses.

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Defender challenges summary action for title-deeds delivery, arguing bond’s assignation is ‘during not redemption’ and interest obligation bars summary relief.

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Replies by John Hamilton and Mandatory to the Answers for William Brown, Esquire, addressing dilatory defences and the necessity for production of title-deeds to support bond transfer.

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Complainers seek delivery of title deeds to inspect security for a bond due in 1838, against respondent’s refusal to produce them.

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Reclaiming Note of John Hamilton and Alexander Hamilton, asking the Court to recal the interlocutor and find respondent liable for expenses incurred in the Sheriff-Court and this Court.

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James Grieve and Mandatory v. David Dow — Revised Condescendence and Answers

James Grieve v. David Dow — Replies

James Grieve v. David Dow — Bill of Advocation, 21 Aug 1838 [2]

James Grieve and William Middleton v. David Dow — Reclaiming Note, 6 Feb 1839

Miss Elizabeth Dundas against Robert Dundas — Reclaiming Note, 1839

John Hamilton and Mandatory v. William Brown — Pleas in Law, 5 Dec 1837

John Hamilton v. William Brown — Answers

John Hamilton v. William Brown — Replies

Hamilton and Mandatory v. Brown — Bill of Advocation, 30 Nov 1837 [2]

John Hamilton v. William Brown — Reclaiming Note, 15 Jan 1839