Manuscripta juridica

Acta litigationis Scotiae: minutes of interloquitors (1714).

Either original notes, or copies of such notes. Each minute is subscribed by Hew Dalrymple (President of the Court of Session from 1698 onwards)

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No. of pages: Fol. 1r-2v, in-quarto:

Rubric: Interloquitors in Duries studie for the moneth of November 1714. Gibsone of Durie Clerk.

[{i}Text:{/i}] In the proces the creditors of Hamiltoun younger of Orbiestoune and others against Hamiltoun of Da(rnzi?)ell and others. Actor Graham, et alter Ferguson ... Edinburgh 12 November 1714.

The Lords, on report of the Lord Coupar, find it relevant to prefere the sons creditors, that the debt was payed out of the sones estate and effect. Sic subscribitur: Hew Dalrymple Jp D.

In the ranking of the creditors of Blair of Auchinuole, actor Alexander, alter Boswall, upon a petition given in, reclameing against the ordinaries interloquitor in the ranking. Edinburgh 12 November 1714.

The Lords, having advysed the petition given in by Elizabeth Blair and the writin answers with Bethia(?) Hamiltons oath, find the benefyte of any deed in her favours is imputeable in payment of her debt, unles she instruct a seperate onerous cause and repell the alleadgence against the adjudicatione, she instructing that the tocher was uplifted by her husband. And repell the alleadgence and find it is not proven by whom the sealls were broken. And by the instruments produced it appears the key was in the petitioners custodie ... . Sic subscribitur: Hew Dalrymple Jp D.

In the actione Mr. P(?)at. Greenhill and the other creditors of Lyon of Banchrie against Mr. Walter Stewart of Reppoch and others. Actor Graham, alter Pringle. Leith 12 November 1714.

The Lords, on report of the Lord Dun, find that the first husband was (fi?)ar by the conception of the first contract of marriage, but sustain the reason of minority and enorm lesion, unles the creditors will offer to prove that the first husband hade any stock the tyme of the contract for securing the wyfe in a lyferent, thou afterwards his means failled. And remitted to the ordinar to hear the partys thereon. And that the revocation(?) not being used within the anni utiles, there be no place therfor. Sic subscribitur: Hew Dalrymple Jp D.

In the action William Fallarton of that ilk and his tutor Adam Neill and William Hemm(?)ell in Corsbie against the E. of Killmarnock, William Cochran of Ochiltree and John Hamiltoun chamberlain to the E. of Dundonald. Actor Wallace se(nior) et alter Boswall. 19 November 1714.

The Lords, on reports(?) of the Lord Minto, find that three and not two Justices of Peace are a sufficient quorum, and find ... [{i}nine lines badly smeared with spilled ink{/i}] ... for dammages. And repell the alleadgence that the E. of Dundonalds title was not lybelled. And fand, his possession ought to have been proven. And find the persuar ought to have hade a competent tyme to answer, according as the exigence of the matter requyred, and allowance of a p(rocuratour?) to compear. And find, the Justice may summarly imprison quhen the cause requires, till payment of the fyne, but that in this case ther was no just cause ether for fyneing or imprisoning. And remitt to the ordinar to hear (...?) the p(rocuratour?) how far errors(?) in these last particulars infer dammages, with pover to him to determine therein as he shall find just, and in caice of difficulty to report. Sic subscribitur: Hew Dalrymple Jp D.

There was a reclaiming bill be the defenders, and answers. And the Lords by their delyverance 16 December 1714 refused the desyre thereof