Scottish Court of Session Decisions

In these conjoined actions the parties were John Bishop, miner, Armadale, Bathgate, and the representatives of the late Thomas Russell of Fauldhouse. The issues sent to trial were as follows:—

I. Issue for the said John Bishop.

“Whether, on or about 29th April 1851, the late Thomas Russell let to the said John Bishop and the now deceased John Weir, residing at Govan, the coal of the Benhar seam on the farm of Fauldhouse Hills, under exception of the part thereof which belongs to the Duke of Hamilton; and whether the lease of date 2d June 1859, granted by the said William Russell and others, the representatives of the said deceased Thomas Russell, to George Simpson, residing at Hartfield, and the possession had by him thereon down to 30th March 1864, was to the loss, injury, and damage of the said John Bishop?”

Damages laid at £3000 sterling.

II. Counter-issues for the said William Russell and others.

“1. Whether the name ‘Thomas Russell,’ adhibited to the document, No. 34 of process, is not the genuine signature of the late Thomas Russell, Esq. of Fauldhouse?

2. Whether the name ‘George Clark’ and ‘William Storry,’ adhibited to the document, No. 34 of process, as attesting witnesses, or either of them, are not the genuine signatures of George Clark, writer in Bathgate, and William Storry, apprentice to the said George Clark, respectively?

3. Whether the document, No. 34 of process, is not the deed of the late Thomas Russell, Esq. of Fauldhouse?”

The jury, after two hours' absence, returned a unanimous verdict for the defenders in the first issue, and for the pursuers in the counter issues.