Legal Subject: Onus Probandi |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Macharg and Others v. Macharg and his Curators | 1776 | Trust, Onus Probandi, Bill of Exchange, Diligence, Debt, Cautioner | Archibald McHarg was the ordinary doer of James McHarg of Keirs. When he died, in July 1774, two bills from McHarg of Keirs were in his possession. One, for £230 sterling, was unendorsed and had been accepted by James McHarg in Tairly. The other was for £264 sterling. McHarg of Keirs argued that it was self-evident that Archibald McHarg had held both of these bills in trust: the first to recover payment, the second as a fund of credit. Keirs petitioned the Court to compel the heirs of Archibald McHarg to either deliver these bills to him or destroy them. The defenders, James McHarg, eldest son of Archibald, and his curators, argued that as these bills had been found in the possession of Archibald McHarg, the burden of proof of possession lay on McHarg of Keirs. Lord Monboddo found that the bills had been put into McHarg's hands by Keirs. The defenders gave representation, and then petitioned the Court to review Monboddo's interlocutors. According to marginalia on the case documents, the Court adhered. |
| Magistrates of Dunfermline v. Lord Monboddo's Interlocutor | 1789 | Tack, Interlocutor, Thirlage, Possession, Onus Probandi, Burgh | The Magistrates and Town-Council of Dunfermline petitioned the Court to alter Lord Monboddo's interlocutor. Based on the single document cataloged for this case. |
| Nisbet v. Edgar | 1794 | Witness, Aliment, Succession, Creditor, Marriage, Onus Probandi | Nisbet petitioned the Court to alter its interlocutor allowing Mrs Hamilton of Pencaithland to be examined as a witness in the action to bastardize him. Edgar responded, arguing that Mrs Hamilton of Belhaven was admissible as a witness notwithstanding her daughter's patrimonial interest in the cause. |
Documents discussing this subject (34)
- Alexander Duthie v. William Adam — Duplies, 9 Jun 1809
- Alexander Milne v. Freeholders of Aberdeenshire — Petition, 13 Dec 1791
- Andrew Watson v. John Scouller and Others — Answers, 29 Jun 1824 [2]
- Archibald Montgomerie v. Sir Michael Shaw Stewart — Duplies, 17 Feb 1813
- Arthur Stewart v. Samuel Gordon — Bill of Advocation, 24 May 1830
- Captain William Simpson of Brunton v. John Malcolm — Answers, 28 Nov 1793
- David Dreever and Others v. James Smith — Answers, 4 Sep 1823
- Dr. Robert Auld v. The Heritors of the Town and Parish of Ayr — Information
- Findlay v. Graham — Petition, 16 Dec 1772
- George Dempster, William Douglas, Robert Graham, James Guthrie, Patrick Chalmers, John Rait and John Græme v. Charles Lyell — Petition and Complaint, 1 Nov 1790
- Henderson & Sellar v. James Smith — Answers, 2 Jan 1806
- Hugh Hamilton and others v. Mess. Potts, Cooke, and Potts — Answers, 12 May 1812
- John Hay v. John Cumming — Reclaiming Note, 5 Dec 1850
- Lady Mary Lindsay Crawford v. Archibald Reid — Answers, 5 Sep 1816
- LC Volume 06 — Petition, 18 Feb 1818 [2]
- Macharg and Others v. Macharg and his Curators — Petition, 18 Dec 1776
- Magistrates and Town-Council of Glasgow v. Anderston Brewing Company — Petition, 3 Dec 1785
- Magistrates of Dunfermline v. Lord Monboddo's Interlocutor — Petition, 25 Jun 1789
- Messrs Henderson and Sellar v. James Smith, Merchant in Leith, and others, Underwriters upon the late Ship Flora — Condescendence, 2 Jul 1806
- Mustart v. Stonefield's Interlocuter — Petition, 4 Mar 1794
- Officers of State v. Skene — Memorial, 26 Jan 1796
- Petition — John Gordon. & Others against Lord Pitmilly's Interlocutor
- Petition — Monkland Canal Company against Lord Meadowbank's Interlocutor
- Petition — Thomas Boswall against Lord Cullen's Interlocutor [3]
- RECORD. No. I. NOTE OF ADVOCATION. INTERLOCUTOR.
- Robert Home Gordon v. Robert Grant — Answers, 12 Nov 1791
- Robert Thomson and Others v. James Reddie and Others — Answers, 24 Jan 1806
- S. Parker, Francis Garden, and David Macculloch v. Mess. Potts, Cooke, and Potts — Answers, 19 Apr 1810 [2]
- Samuel Gordon v. Arthur Stewart — 15 Jul 1829
- Sir John Nisbet of Dean, Baronet v. John Edgar — Petition, 10 Jul 1794
- Sir William Maxwell of Monrieth, Baronet, and Others v. Hon. Edward Richard Stewart — Answers, 16 Oct 1806
- Thomas Bishop and Mandatory v. The Directors of the Clyde and Mersey Steam-Navigation Company, Matthew Wotherspoon and Alexander Johnston — Note, 3 Dec 1828
- William Langmuir v. John Macnab and Robert Macnab — Duplies, 9 Feb 1820
- William Lawrie v. Alexander Stewart — Answers, 7 Jun 1815
