Date of Decision: 13 Jan 1767
Abstract: In 1717, James Balfour of Randerstoun and Thomas Hay of Edinburgh granted bond to Thomas Erskine. Upon Erskine's death, his three daughters each inherited a one third share of the bond. Janet, the youngest daughter, died without issue. This case involved a dispute over whether or not the other two sisters had a lawful claim to the full bond payment, including Janet's third and its interest. The defender, John Hay-Balfour and his Tutors, claimed that the two living sisters failed to take the legal steps required to vest in them Janet's share of the bond. Handwritten note on front page reads "refused."
Subjects: Bonds

Published Report

Not Reported

People or Organizations Associated with Case

Named in case documents:
Thomas Erskine, Creditor of James Balfour and Thomas Hay
Janet Erskine, Late sister of Pursuers
David Hay-Balfour, of Leys and Randerstoun, Older brother of Defender
James Balfour, of Randerstoun, Debtor to Thomas Erskine
Thomas Hay, Debtor to Thomas Erskine
Advocate for Defender:
Alexander Lockhart, Lord Covington
Lord Ordinary:
Alexander Boswell, Lord Auchinleck


Case Locations (People)

Case Locations (Case)