This case was about competing claims to a heritable bond. Lieutenant-General George Preston granted the bond to Archibald Primrose, Earl of Rosebery; The Earl then conveyed the bond to his four younger children. Mr. John Primrose, one of those children, entered into several transactions concerning his share. After General Preston’s heir raised a process of multiplepoinding, it was determined that John’s share was due to four individuals: Neil Primrose, Earl of Rosebery; John Krassaw; Alexander Sinclair, Earl of Caithness; and Lady Margaret Primrose, Countess of Caithness. However, the Court did not delineate the interests of these individuals, so Sir George raised a second process of multiplepoinding, which was the subject of this case. Earl Neil argued that the other claimants’ interests had been extinguished by prior payments, while John Krassaw argued that this issue was res judicata. Krassaw also argued that his interest was preferable to Earl Neil’s, and that Earl Neil’s claims regarding prior payment were unfounded.
People involved
- John Krassaw — Pursuer
- Neil Primrose, Earl of Rosebery — Defender
- David Armstrong, of Kirtleton — Advocate for Pursuer
- Alexander Lockhart, Lord Covington — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Lieutenant-General George Preston — Named in case documents
- Archibald Primrose, of Dalmeny, Earl of Rosebery — Named in case documents
- Mr. John Primrose — Named in case documents
- Lady Mary Primrose — Named in case documents
- Lady Margaret Primrose, Countess of Caithness — Named in case documents
- Lady Dorothea Primrose — Named in case documents
- James Primrose, Earl of Rosebery — Named in case documents
- Sir George Preston, of Valleyfield — Named in case documents
- Alexander Sinclair, Earl of Caithness — Named in case documents
- James Burnett, Lord Monboddo — Lord Ordinary
This case was about competing claims to a heritable bond. Lieutenant-General George Preston granted the bond to Archibald Primrose, Earl of Rosebery; The Earl then conveyed the bond to his four younger children. Mr. John Primrose, one of those children, entered into several transactions concerning his share. After General Preston’s heir raised a process of multiplepoinding, it was determined that John’s share was due to four individuals: Neil Primrose, Earl of Rosebery; John Krassaw; Alexander Sinclair, Earl of Caithness; and Lady Margaret Primrose, Countess of Caithness. However, the Court did not delineate the interests of these individuals, so Sir George raised a second process of multiplepoinding, which was the subject of this case. Earl Neil argued that the other claimants’ interests had been extinguished by prior payments, while John Krassaw argued that this issue was res judicata. Krassaw also argued that his interest was preferable to Earl Neil’s, and that Earl Neil’s claims regarding prior payment were unfounded.
