AI-transcribed

Security. CAUTIONER. Surety. Actions on this ground are subject to a limitation of seven years.

Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.

Legal Subject: Caution

Case Date Legal Subject Abstract
Aitken and Others v. Wilson and Bannatyne 1779 Birly court, Jurisdiction, Riot, Arrestment, Caution, Wrongous Imprisonment This case was about a “birly court”: a voluntary association of small proprietors and tenants that regulated property lines and common pasturages in their neighborhood. The birly court in Elsrighill (Elsrickle) levied a fine on one of its members, John Wilson. When Wilson refused to pay, the court’s elected officers seized two of his pewter plates. Wilson complained to the sheriff of Lanarkshire, alleging that the birly court lacked authority to take such an action. The sheriff-substitute, John Bannatyne, found that the officers were guilty of a riot and had them detained. In response, the officers sued both Wilson and Bannatyne for wrongful imprisonment.
Bernard Love v. George Foster 1832 Arrestment, Sequestration, Rent, Caution, Aliment, Factor Bernard Love, as pursuer, lodged a reclaiming note against Lord Moncreiff's interlocutor in his action against George Foster, defender. Based on the single document cataloged for this case.
Duguid v. Hall, et al 1788 Debt, Interlocutor, Credit, Oath, Caution, Contract James Duguid petitioned the Court to alter the Lord Ordinary’s interlocutor and suspend the letters simpliciter issued against him, challenging the enforcement of a Magistrates’ decree. John Hall, John Tenant, and William Sprott answered, asserting that the Magistrates’ decree had been properly enforced and the petitioner’s claims were groundless.
Gibson v. Watson 1768 Interlocutor, Game, Caution, Heritor Gibson sought revision of an interlocutor against Watson, arguing that strict statutory interpretation, pre-Union hunting rights, magistrate authorization, and the 1768 Act's repeal of the 1734 statute justified the request. Based on the single document cataloged for this case.
Hope v. Mutter 1797 Aliment, Trust, Sequestration, Warrandice, Infeftment, Caution The defender William Mutter, Esq. petitioned the Court to remit the pursuer Hope's proceedings against him for the lands of Camps, which he claimed to have held in peaceable possession for nearly twenty-four years. Based on the single document cataloged for this case.
Hunter v. Monboddo's Interlocutor 1794 Debt, Arrestment, Creditor, Bill of Exchange, Caution, Oath James Hunter petitioned the Court to alter the Sheriff's warrant for his incarceration issued on grounds of meditatio fugæ. Based on the single document cataloged for this case.
Lindsay and Company v. Jones 1796 Debt, Arrestment, Contract, Interlocutor, Suspension, Caution James Lindsay and Company, wood-merchants in Glasgow, challenged suspension proceedings brought by George Jones, proprietor of the Edinburgh and Glasgow Amphitheatres, arguing that the suspender's pursuit was irregular and incompetent. Jones maintained that it was competent to expede letters of suspension after the sist had elapsed. The dispute turned on whether suspension remained available once the period of delay had expired.
Low v. Knowles 1796 Rent, Sequestration, Tack, Assignation, Caution, Lease Andrew Knowles defended an action by John Low and John Richardson regarding rent obligations under the Act of Sederunt 1756, maintaining that he was not liable for the full rent in light of prior payments and the pursuers' conduct. He further alleged that Low had failed to pay rents and had caused ruin to the farm, and that the caution found was insufficient to secure future rents. Knowles also petitioned against a Sheriff's interlocutor requiring double caution for the same rents, arguing that such a requirement was unjust and contrary to the spirit of the Act.
Macqueen v. Fleming 1798 Arrestment, Debt, Interlocutor, Caution, Creditor, Sequestration Charles Macqueen, as pursuer, petitioned the Court to remit to the Magistrates of Dundee with instructions to liberate him from jail without further caution, alleging that his life was in extreme danger. Based on the single document cataloged for this case.
Mather v. Caldwall 1775 Caution, Interlocutor, Intromission, Debt, Adjudication, Liferent This case was about the management of an estate by respondent Robert Caldwall, who served as tutor to his infant nephew. Petitioner William Mather, another uncle of the infant, alleged that Caldwall had mismanaged the estate. He therefore sought to have Caldwall removed as tutor or, in the alternative, ordered to prepare inventories of the estate and to find caution. The court initially ordered Caldwall to find caution, but Mather alleged in a subsequent petition that Caldwall had failed to do so and should be removed as tutor. In response, Caldwall alleged that John Wilson, the town clerk of Glasgow, had refused to accept his caution out of partiality to Mather. Caldwall requested an order requiring Wilson to accept the caution offered.
Scott v. Stonefield's Interlocutor 1793 Interlocutor, Caution, Possession, Suspension, Security
Shiells v. Lord Duncan's Interlocutor 1788 Suspension, Reduction, Citation, Interlocutor, Caution, Exhibition Shiells, as petitioners, challenged Lord Dunfinnan’s interlocutor, arguing that a suspender could proceed as pursuer without awaiting the charger’s mora and that a late protestation could not invalidate prior steps. Based on the single document cataloged for this case.

Documents discussing this subject (showing 100 of 274)