Scottish National Dictionary (1700–)
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First published 1965 (SND Vol. VI).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1709-1750, 1891-1929
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LITIGIOUS, adj. Sc. usages. [lɪ′tɪdʒəs, lə′tidʒəs. See P.L.D. §45.]
1. Prolix, prosy, tedious in talk (Lth. 1825 Jam., “borrowed from the procrastination of courts of law”).
2. Vindictive, spiteful (Abd. 1825 Jam.; ne.Sc. 1961).Abd.1 1929:
A litigious coorse monkey, keep me fae crossin' her.
3. Sc. Law: subject to litigation. in dispute under a lawsuit, in practice mainly a process for the recovery of debt, used esp. of property about which such an action is pending and which therefore cannot be sold or otherwise alienated (Sc. 1946 A. D. Gibb Legal Terms 52). Hence litigiosity, the legal bar to the alienation of property which is the subject of litigation (Ib.). Orig. a Civil Law term.Sc. 1709 Morison Decisions 8333:
Before the assignation, the bond was rendered litigious by an executed summons of reduction thereof. For a citation makes a thing litigious, being a challenging of one to a trial at law.Sc. 1750 Falconer Decisions (6 Jan.):
The Ranking was over, so there could be no further Litigiosity.Sc. 1891 J. Craigie Conveyancing 130:
No summons of reduction, or of constitution and adjudication, has any effect in rendering litigious the lands to which such summons relates, except from and after the date of the registration of a notice of the summons.Sc. 1896 W. K. Morton Manual 166:
The effect of inhibition is to render the debtor's property litigious, or create litigiosity.
