Warranty or covenant for title.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Warrandice |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Cameron v. Lord Craig's Interlocutor | 1797 | Succession, Tack, Multiple-Poinding, Lease, Warrandice, Interlocutor | Ewen Cameron sought reimbursement of court and House of Lords expenses incurred in defending against lease claims brought by Helen and Janet Cameron, the daughters of his deceased father John Cameron, regarding the disincumbering of lands. He petitioned against Lord Craig’s interlocutor refusing to allow retention of these costs, proceeding against the trustees and the daughters, whereupon Helen’s counsel argued the claim was procedurally barred and legally unsound. Cameron subsequently lodged a reclaiming petition against the Inner-House interlocutor. |
| Christie v. Cowans, et al | 1794 | Rent, Tack, Lease, Teinds, Warrandice, Damages | David Halket, David Robertson, and Laurence Robertson petitioned the Court to alter Lord Dreghorn's interlocutor concerning salmon fishings in the River of Leven. Based on the single document cataloged for this case. |
| Reid v. Rowand | 1770 | Warrandice | Petitioner Robert Reid, a baker in Glasgow, leased from defender George Rowand the first floor of a house in Glasgow for a term of 19 years. Reid planned to operate his bakery in this space. Rowan expressly warranted to Reid that he could erect and use an oven in the space. The tack contained a clause of warrandice to this effect. James Corbet, who lived above Reid, complained to the Dean of the Guild about the oven. Corbet feared that the oven and accompanying vents would breed vermin and hurt the value of his property. The Dean of the Guild ordered Rowan to remove the oven, and Rowan complied. Reid then sought damages, compensation, or rescission of the lease because the very purpose for the lease -- operating a bakery -- was now void. |
