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Scottish Court of Session Decisions >>
Thomas Logie v Lilias and Maugaret Whitehead. [1707] 4 Brn 657 (8 March 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Brn040657-0154.html Cite as:
[1707] 4 Brn 657
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Thomas Logie v. Lilias and Maugaret Whitehead
Date: 8 March 1707
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Thomas Logie, merchant in Edinburgh, against Whiteheads, as heirs-por-tioners, for payment of a debt contained in their predecessor's commission and charter-party. The Lords finding he had made a private transaction with Hamilton, husband to one of the two heirs, and yet insisted to make the other liable in solidum, on pretence that her sister was discussed by a decreet, and her heirs insolvent, and no estate could be condescended on:
The Lords found so much fraudulent indirect dealing and contrivances, that they imprisoned the said Thomas Logie, and fined him in £100 Scots, and orclained him to lie in prison till he paid it, and until the Lords gave further order. They likewise reprimanded the advocate who appeared for him, in presence of the faculty called in; and intimated to them to be more cautious and ingenuous in their pleadings, and not to countenance their clients in what they saw dirty and dishonest.
Vol. II. Page 357.
1710. January 5.—A protest for remeid of law was given in by Thomas Logie, merchant in Edinburgh, against Lilias and Margaret Whiteheads, for repelling his defences, and for imprisoning him, founding on the Act of Parliament 1701; and craving 3000 merks, and five merks for each day of twenty-one he lay in the tolbooth, in terms of that Act; and appealing to the British Parliament, or to any court of chancery or equity they shall erect for hearing such cases.
The Lords thought the style very singular and extraordinary; and some were for imprisoning him, and causing him reform it; but others looked upon him as below their making him their party, and so slighted it. Injuries spretce exolescunt.
