Date of Decision: 1772
Abstract: In 1766, Tweedale, defender, owed money to Edmonstone, pursuer. Tweedale could not repay Edmonstone at that time. As security for the eventual payment, Tweedale granted Edmonstone a right in some old houses in Mid Calder that Tweedale owned. Edmonstone agreed to delay seeking payment provided that Tweedale "infefted" Edmonstone in the houses (delivered possession of the houses to Edmonstone). Despite the infeftment, Edmonstone did not take possession of the houses and allowed Tweedale to continue living in them. Edmonstone grew tired of the delays in payment and also found the houses to be in ruinous condition. Edmonstone brought a process against Tweedale before the sheriff-depute of Edinburgh for payment of the debt. Edmonstone claims that the houses were security for eventual payment of the debt, not payment of the debt. Tweedale objects that disposition of the houses to Edmonstone constituted payment of the debt. The sheriff-depute found that the infeftment of houses counted as payment of the debt. Edmonstone petitioned the Court of Sessions, where he first won but then subsequently lost. He appeals the decision, seeking review of the interlocutor which found that the disposition of the houses constituted payment of the debt.
Subjects: Debt

Published Report

Not Reported

Litigants

Pursuer:
James Edmonstone
Defender:
Robert Tweedale

People or Organizations Associated with Case

Advocate for Pursuer:
William Craig
John Maclaurin
Advocate for Defender:
Charles Hay
Lord Ordinary:
Lord Barjarg

Organizations