1796–1798
SuccessionAlimentDebtTeindsCreditorRentLady Christian Graham, Sir Richard Bempde Johnstone, and Charles Johnstone pursued James Hope Johnstone, Earl of Hopetoun, regarding whether expenditures made by the Earl as legal curator of the Marquis of Annandale's estate affected rights of succession to Scots funds. The pursuers argued that the curator's payments did not impair succession rights, while the Earl maintained he was entitled to credit for his administrative expenditures and petitioned the Court to alter its recent interlocutor. The pursuers subsequently answered the petition, responding to the seventh article concerning management charges.AI-generated
Documents in this case (5)
- Lady Christian Graham, Sir Richard Bempde Johnstone and Charles Johnstone v. James Earl of Hopetoun — Information, 13 Oct 1796October 13, 1796 Information of Lady Christian Graham, Sir Richard Bempde Johnstone, and Charles Johnstone, arguing that the Curator's payments do not affect the right of Succession to Scots funds
- Earl of Hopetoun v. Lady Christian Graham and others — Information, 19 Dec 1796December 19, 1796 Information of the Earl of Hopetoun, arguing that as legal curator he may not be deprived of credit for expenditures made in the Marquis of Annandale's administration
- Johnstone — Petition, 31 May 1797May 31, 1797 Reclaiming Petition of James Hope Johnstone, Earl of Hopetoun, asking the Court to alter its recent interlocutor
- Lady Christian Graham, Sir Richard Bempde Johnstone, Baronet, and Charles Johnstone, Esq. v. James Hope Johnstone, Earl of Hopetoun — Answers, 1 Dec 1797December 1, 1797 Answers by Lady Christian Graham, Sir Richard Bempde Johnstone, and Charles Johnstone to the petition of James Hope Johnstone, Earl of Hopetoun, responding to the 7th article of the interlocutor concern…
- Alexander — Cases, 27 Feb 1798Timber sold under court order for a lunatic’s benefit was held in trust; heir sought recovery, but court ruled trustee must account for rents, not principal, as the act was deemed beneficial.
People & places in this case
People involved
- George Vanden Bempde Johnstone, Marquess of Annandale — Party
- James Hope Johnstone, Earl of Hopetoun — Party
- Elizabeth Ross — Party
- Lady Robina Crawfurd Pollock, of Pollock — Party
- Gilbert Meason — Party
- Bryce Blair — Party
- David Hume, Esq. — Party
- Alexander Allan — Party
- William Maxwell Morison — Party
- Alexander Brown — Party
- Peter Johnston, of Carnsalloch — Party
- John Beattie — Party
- John Ewart — Party
- Sir William Rae, of St. Catherine Bart. — Party
- Richard Bell, of Greenhill — Party
- Mary Bell — Party
- Robert Scott Moncrieff, of Coats and Easter Rhynd — Party
- William Stevenson — Party
- William Tait — Advocate for Party
- John Pringle — Advocate for Party
- Thomas Muir — Advocate for Party
- David Anderson — Advocate for Party
- James Spence — Advocate for Party
- David Stewart Moncrieff, of Moredun — Advocate for Party
- John Swinton, Lord Swinton — Lord Ordinary
- James Veitch, Lord Elliock — Lord Ordinary
- Alexander Williamson — Named in case documents
- David Kennedy, Earl of Cassillis — Named in case documents
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 10363
| The information regarding this case was derived from an import courteously provided by the Baillii Database of Scottish Court of Session Decisions. In terms of the SCOS project, this databases uses respective BAILII entries as metadata shells for case materials present in the SCOS project partners respective repositories. |
