What is this newspaper article saying? Leonard SMALL of Tarvie, Moulin. 1744

[Liviani]

Hello everyone.

I believe the gentleman in this article to be my 6x great-grandfather. My 4x great-grandfather (so his possible grandson) is also a Leonard Small, born 1773 at Tarvie, Moulin to Patrick Small and Margaret Robertson.

I don't know what the article is referring too, it features in the Caledonian Mercury and is dated 15th November 1744. Lots of legalese here.

Any help much appreciated.

Edit: Also, who is "Spalding of Affintully", and where is Affintully, google not helping there.

[tonepad]

Refers to the "The Spaldings of Ashintully, Perthshire, Scotland"

What looks like little f are actually an old typescript for s.

https://en.wikipedia.org/wiki/Clan_Spalding


Tony

[Liviani]

Refers to the "The Spaldings of Ashintully, Perthshire, Scotland"

What looks like little f are actually an old typescript for s.

https://en.wikipedia.org/wiki/Clan_Spalding


Tony

Thanks Tony. I had forgotten about that typescript. I'll read up about the Spaldings.

I do wonder what this article is about. Very interesting.

[tonepad]

That in the Month of June last, there was a Decreet of Certification pronounced in the Action of Reduction and Improbation, depending before the Lords of Session, at the Instance of Leonard Small in Tarvie, against Spalding of Assintully and his Creditors: These are therefore to Certify the said creditors and all others concerned, that if their several Interests do not appear in the Hands of Thomas Hay Clerk to the Process, betwixt and the 30th Day of November inst. the foresaid Decreet of Certification (being now ready) will be signed and given out without further Delay.

[tonepad]

Noun. decreet (plural decreets) (Scotland, law) The final judgment of the Court of Session, or of an inferior court, by which the question at issue is decided.

decreet - Wiktionary
https://en.wiktionary.org/wiki/decreet

[tonepad]

The action of simple reduction and the action of reduction-improbation, are the two varieties of the rescissory actions of the law of Scotland. ... If a rent tribunal acted without jurisdiction under existing law the only remedy was an action of reduction in the Court of Session, which was an expensive business.

Dictionary of the Scots Language:: SND :: reduce
https://www.dsl.ac.uk/entry/snd/reduce

[tonepad]

What is RESCISSORY ACTION?
In Scotch law. One to rescind or annul a deed or contract.

https://thelawdictionary.org/rescissory-action/

[Liviani]

Thank you for the explanations and breaking it down.

So it's probably something to do with the rent for Tarvie for which Spalding is the Laird of that area? So a rent dispute of some sort?

It seems Tarvie remains in the family for a while after given there are Small's being born at Tarvie years later.