1793–1795
DebtCreditorPrescriptionAlimentBill of ExchangeSuccessionViscount Arbuthnot pursued John Douglas for payment of bills granted by Douglas’s deceased father to Arbuthnot’s grandfather in the 1770s. Douglas denied liability, asserting that the bills were prescribed and that prior obligations had been settled by bond and mutual understanding. Arbuthnot maintained the debts were not prescribed and were supported by a decree of constitution, and subsequent petitions sought to alter interlocutors and obtain payment.AI-generated
Documents in this case (6)
- John Douglas of Tilwhilly v. John Viscount of Arbuthnot — Information, 12 Nov 1793Defender John Douglas denies Viscount Arbuthnot’s claim to prescribed bills, asserting all prior obligations were settled via bond and mutual understanding.
- John, Viscount of Arbuthnott v. John Douglas of Tillywhilly — Information, 4 Dec 1793December 4, 1793 Information of the pursuer, arguing that the bills in question are not prescribed and are supported by a decree of constitution
- Douglas — Petition, 25 Feb 1794February 25, 1794 Petition of John Douglas Elq, asking the Court to alter its recent interlocutor
- John Douglas of Tillwhilly v. The Viscount of Arbuthnott — Answers, 10 Apr 1794Respondent defends claim based on three bills and a bond owed by petitioner’s grandfather and father to Viscount Arbuthnott, disputing petitioner’s assertions of non-liability and prescription.
- Arbuthnott — Petition, 27 Nov 1794November 27, 1794 Petition of R. Dundas asking the Court to alter its recent interlocutor against John Douglas of Tilwhilly, Esquire, for payment of two bills of 156l. 15s. and 52l. 5s. Sterling
- Viscount Arbuthnot v. John Douglas — Answers, 3 Jan 1795January 3, 1795 Petition of the Viscount of Arbuthnot, asking the Court to permit payment of three bills granted by his deceased grandfather to the petitioner's deceased father, all dated 1773–1774 and payable in 1775.
People & places in this case
People involved
- Colin Mackenzie, W.S. — Advocate for Party
- Sir Alexander Muir Mackenzie, of Delvin — Advocate for Party
- William Tait — Advocate for Party
- Niel Ferguson, of Woodhill — Advocate for Party
- John Dickson, of Kilbucho — Advocate for Party
- Robert Barclay — Advocate for Party
- John Campbell, Lord Stonefield — Lord Ordinary
- Alexander Murray, Lord Henderland — Lord Ordinary
- William Ogilvie, of Chesters — Named in case documents
Places
- Aberdeen (principal)
- Edinburgh
- Arbuthnott
- Scotland
- Montrose
Where this case took place
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 11133
| 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. |
