Warranty or covenant for title.
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: Warrandice |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Cameron v. Lord Craig's Interlocutor | 1797 | Succession, Tack, Multiple-Poinding, Lease, Warrandice, Interlocutor | Ewen Cameron sought reimbursement of court and House of Lords expenses incurred in defending against lease claims brought by Helen and Janet Cameron, the daughters of his deceased father John Cameron, regarding the disincumbering of lands. He petitioned against Lord Craig’s interlocutor refusing to allow retention of these costs, proceeding against the trustees and the daughters, whereupon Helen’s counsel argued the claim was procedurally barred and legally unsound. Cameron subsequently lodged a reclaiming petition against the Inner-House interlocutor. |
| Campbell v. Macdougal | 1783 | Debt, Liferent, Aliment, Warrandice, Reduction, Creditor | The Campbells petitioned to alter the Lord Ordinary’s interlocutor in their action against Macdougal regarding a £200 bond owed to Isobel Campbell. Based on the single document cataloged for this case. |
| Christie v. Cowans, et al | 1794 | Rent, Tack, Lease, Teinds, Warrandice, Damages | David Halket, David Robertson, and Laurence Robertson petitioned the Court to alter Lord Dreghorn's interlocutor concerning salmon fishings in the River of Leven. Based on the single document cataloged for this case. |
| Earl of Strathmore v. Captain George Oliphant-Kinloch | 1766 | Feu duties, Succession, Warrandice, Disposition, Debt, Aliment | This case involved a Scottish land tenure known as the feu, in which a superior granted perpetual enjoyment of land to a vassal in return for an annual payment known as the feu duty. Patrick Lyon, Earl of Strathmore, feued the estates of Little Blair and Lochend to his factor James Coupar of Coupar Grange in return for a feu duty of £20 Scots. Feu duties on the property were also due to Viscount Stormont, who was Lord of Erection. After being transferred in two judicial sales, Lochblair came to be held by pursuer Captain George Oliphant Kinloch. Kinloch initiated a court proceeding to determine who was liable for the feu duties due to Viscount Stormont, claiming that the duties should be paid the Earl of Strathmore. |
| 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. |
| Reid v. Rowand | 1770 | Warrandice, Rent, Aliment, Lease, Arrestment, Tack | Petitioner Robert Reid, a baker in Glasgow, leased from defender George Rowand the first floor of a house in Glasgow for a term of 19 years. Reid planned to operate his bakery in this space. Rowan expressly warranted to Reid that he could erect and use an oven in the space. The tack contained a clause of warrandice to this effect. James Corbet, who lived above Reid, complained to the Dean of the Guild about the oven. Corbet feared that the oven and accompanying vents would breed vermin and hurt the value of his property. The Dean of the Guild ordered Rowan to remove the oven, and Rowan complied. Reid then sought damages, compensation, or rescission of the lease because the very purpose for the lease -- operating a bakery -- was now void. |
Documents discussing this subject (60)
- 2.—REVISED CONDESCENDENCE for Pursuers, and REVISED DEFENCES for Defender.
- Alexander Milne v. Freeholders of Aberdeenshire — Petition and Complaint, 23 Dec 1790
- Anne Mackenzie, Richard Paterson Slater, Robert-Bruce-Aeneas Macleod of Cadboll and his Tutors v. James Cuthbert of Farnese — Information, 24 Jun 1774
- Archibald Hamilton v. Thomas Hart — Reclaiming Note, 29 Jun 1829
- Archibald Horne and Others v. James Adamson — Complainers' Case, 26 Apr 1838
- Cameron v. Lord Craig's Interlocutor — Petition, 1 Feb 1798
- Cameron v. Lord Craig's Interlocutor — Petition, 27 Jan 1797
- Campbell v. Macdougal — Petition, 30 Jul 1783
- Campbell — Petition, 10 Dec 1793
- Charles Scott v. Captain William Calderwood of Polton — Information, 10 Feb 1776 [2]
- Charles Scott v. William Calderwood — Information, 20 Feb 1776 [2]
- Charles Steuart v. Andrew Miller — information, 2 Jul 1799
- Dame Anne Preston Campbell or Baird and Others v. Thomas Lord Lynedoch — Answers, 19 Jan 1830
- Darlings v. Adamson — Appendix
- Earl of Strathmore v. Captain George Oliphant-Kinloch — Petition, 17 Dec 1766
- Earl of Wemyss and March v. William Murray — Information, 11 Jun 1822
- Fletcher Norton v. William Anderson — Answers, 2 Mar 1813
- Gabriel Peter v. John Carmichael of Eastend — Answers, 4 Apr 1765
- General Greme's Trustees v. Thomas Bruce — Duplies, 18 Apr 1799
- Gilbert Laing Meason and Thomas Barker v. Executors of the late William Duke of Queensberry — Condescendence, 20 Dec 1821
- Halket — Petition, 17 Jan 1794
- I-1633-1757 doc0019
- James Bow v. James Bruce of Kinnaird — Information, 12 Apr 1792
- James Bruce of Kinnaird v. James Bruce of Powfouls — Information, 12 Apr 1792
- James Cheape v. William Morehead — Answers, 18 Dec 1790
- James Lockhart of Castlehill v. Douglas Duke of Hamilton and Brandon — Memorial, 4 Mar 1793
- James Saunders and John Galletly v. David Hunter — Answers, 5 Feb 1829
- John Anderson and Patrick Robertson v. Anne Luke and James Brisbane Wright — Memorial, 28 Feb 1765
- John Buchanan v. Daniel Fisher — Petition and Complaint, 5 Feb 1824
- John Duke of Athol and Margaret Bryce alias Spankie v. David Skene — Answers, 8 Apr 1790
- John Earl of Strathmore v. Captain George Oliphant-Kinloch — Answers, 12 Jan 1767
- John Johnston v. William Morehead — Answers, 21 Dec 1790
- John Johnstone v. William Morehead — Duplies, 7 Dec 1790
- John Sutherland v. Allan M'Lean — Answers, 17 Dec 1805
- Mary Downie v. James Campbell and John Ferrier — Answers, 28 Jun 1814
- Misses Grizel and Helen Leslie v. Dr Gavin Gibb, and Others, Trustees of the late James M'Indoe, and John Morison of Craigend — Answers, 12 Nov 1825
- Mrs Darling and her Children v. James Adamson — Reclaiming Note, 1 Sep 1836
- Mrs Jessie Darling or Wilson and Others v. James Adamson — Reclaiming Note, 21 Apr 1841
- Mutter — Petition, 4 Mar 1797
- Note — Reclaiming, 3 Jan 1833
- Peter Leslie-Grant of Balquhain v. Thomas Dundas of Fingask — Information, 9 Dec 1763
- Petition and Complaint — Alexander Cuningham of Hyndhope
- Petition — A. Waddell, Esq. against Lord Eldin's Interlocutor
- Petition — Alexander-James Grant of Blairich, wadsetter on the estate of Skelbo
- Petition — Heritors of Peterhead against Lord Ankerville's Interlocutor
- Petition — Jonathan Anderson against Lord Cullen's Interlocutor [2]
- Petition — Robert Hunter against Inner-House Interlocutor
- RECLAIMING NOTE FOR THOMSON PAUL, Writer to the Signet, as Trustee acting under the Trust-Dispositions of the Right Honourable Thomas, Earl of Dundonald, and for himself individual
- Reclaiming Note, Boxed 30th April 1856. Appendix for Reclaimers to Reclaiming Note for the Reverend David Macrae, (Forbes Falconer's Trustee) and Others against Lord Benholme's Interlocutor
- Reclaiming Petition — Honourable Mrs Westenra against Lord Alloway's Interlocutors
- Reclaiming Petition — James Earl of Morton
- Reclaiming Petition — James Smith against Innerhouse Interlocutor
- Reid v. Rowand — Petition, 5 Jul 1770
- Sir Alexander Grant v. Mrs. Anne and Katharine Campbells — Information, 11 Nov 1765
- The Magistrates and Town-council of Dumbarton v. The Provost, Magistrates, Town-council, and Community of Glasgow — Information, 16 Dec 1772
- The Magistrates, Town-Council, and Community of Dumbarton v. The Magistrates and Town-Council of the City of Glasgow — Petition, 28 Nov 1771
- W. Ferguson v. Hugh Mosman and John Anderson — Answers, 12 May 1796
- William Crawford v. Alexander Orrock and Isabel Crawford — Information, 17 Jan 1727
- William Fulton v. Alexander Watt — 10 Aug 1847
- William Morehead v. James Cheap — Condescendence, 14 Dec 1790
