James Anderson and others raised an action of suspension and interdict against Robert Saunders concerning Saunders’ obstruction of a common stair leading to Anderson’s cellars and back-green, which Saunders used to access a sunk storey via a locked spar-door. Saunders answered the reasons of suspension and interdict, resisting the claims of nuisance and exclusive use. Following an interlocutor by Lord Medwyn, Ordinary, Anderson reclaimed against the decision, and Saunders subsequently appealed the interdict and suspension order barring his access. Both parties then submitted Cases arguing their competing rights to the stair, with Anderson contending that Saunders had no right to shut up the common passage and Saunders seeking alteration of the interlocutor granting the interdict against him.AI-generated
Documents in this case (5)
- James Anderson and Others v. Robert Saunders — Answers, 3 Jun 1829June 3, 1829 Answers by Robert Saunders to the reasons of suspension & interdict for James Anderson and others, responding to claims of nuisance and exclusive use of common stair.
- Reclaiming Note — Reclaiming NoteFebruary 6, 1830 Reclaiming Note of the complainers against the interlocutor of Lord Medwyn, Ordinary, asking the Court to alter the said interlocutor and repel the Reasons of Suspension and Interdict
- Note — Reclaiming, 4 Jan 1831Robert Saunders appeals an interdict and suspension order barring access to a sunk storey via a locked spar-door, seeking reversal and costs.
- James Anderson and Others v. Robert Saunders — Case, 24 Feb 1831February 24, 1831 Complainers' Case of James Anderson and Others, suspenders, against Robert Saunders, respondent, arguing that the respondent has no right to shut up the common stair leading to their cellars and back-g…
- James Anderson v. Robert Saunders — Revised, 24 Feb 1831February 24, 1831 Respondents' Case of Robert Saunders, asking the Court to alter the interlocutor granting an interdict against his use of the common stair as access to the sunk storey.
People & places in this case
People involved
- William Allan — Party
- Alexander Allan — Party
- Adam Anderson — Advocate for Party
- Robert Whigham, of Lochpatrick — Advocate for Party
- Andrew Coventry Dick — Advocate for Party
- Robert Playfair — Advocate for Party
- William Hay Jr., W.S. — Named in case documents
