| Cunningham and Simpson v. Walker and Smith |
6 Jul 1799
|
Expenses, Common debt, Debt, Debtors |
Case originated with debt due by the bankrupt fugitive Walter McFarlane, stabler in the Canongate, to Cunningham and Simpson. Other Creditors, but not including Cunningham and Simpson gathered and decided to have Walker and Smith auction off Mcfarlane's assets. Cunningham and Simpson challenged the right of Walker and Smith to claim the goods in order to pay off creditors. Cunningham and Simpson succeeded in claiming expenses from Walker and Smith. |
| Gibsone v. Somerville |
1802
|
Contract of separation, Divorce, Debtors |
Mrs. Gibson (pursuer) was married to Dewar Masterson, and while they were together, due to Mr. Masterton's dissipation and extravagance, they assumed several debts. After three years of marriage, Mrs. Gibson brought an action of divorce against her husband. As a result, there was a contract of separation, which needed the consent of all Mr. Masterton's creditors. When Mr. Masterton died, Mrs. Gibson challenged the contract of separation because the terms on which the agreement was conceded were not only highly prejudiced against her interest, but also fraudulent, on the grounds that the deceased Mr. Masterton has been released from paying his creditors, but she has left without income. John Somerville and Samuel Macknight submitted answers to Gibson’s arguments, for themselves as creditors and for the other creditors of the deceased. |
