Trustee. Judicial Factor.

Definition source

Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Trustee.” Public domain.

Legal Subject: Trustee

Case	Date	Legal Subject	Abstract
Anderson v. Creditors of Arnot	1792	Arrestment, Trustee, Creditor, Multiple-Poinding, Assignation, Debt	Lilias Anderson, as pursuer, petitioned against an interlocutor issued by Lord Dregborn in her case against the creditors of Arnot. Based on the single document cataloged for this case.
Bayne and Miller v. Wisheart-Belshes	1792	Succession, Aliment, Trustee, Reduction, Fraud, Cautioner	Margaret Bayne and David Miller, baker in Perth, objected to the examination of James Dick Junior as a witness for Sir John Wisheart-Belshes in the process against him, arguing that Dick was disqualified by interest and relation. Based on the single document cataloged for this case.
Braimer v. Innes and Lothian	1788	Aliment, Debt, Succession, Interdiction, Trustee, Trust	John Braimer, late of Edrom, as pursuer, petitioned the Court to alter Lord Stonefield's interlocutor, which maintained Braimer's interdiction and declared the trustees not bound to pay over the balance. Gilbert Innes of Stow and John Lothian, merchant in Edinburgh, as defenders, answered the petition, resisting Braimer's claim for reversion and discharge of the interdiction.
Crawfords v. Russell, et al	1789	Succession, Aliment, Trustee, Debt, Arrestment, Disposition	Agnes and Margaret Crawfurds, as pursuers, argued that they were absolute fiars during their lives and that their children were heirs to the sums bequeathed in fee. Based on the single document cataloged for this case.
Creditors of Currie v. Geddes	1793	Debt, Creditor, Prescription, Bill of Exchange, Trustee, Trustees	The creditors of Currie, represented by their common agent in the sale and ranking of the Estate of Newlaw, petitioned the Court to alter Lord Swinton’s interlocutor. The respondents contested the creditors’ attempt to rank debts against Currie’s estate, citing partial payments and post-prescription markings as evidence of debt continuity.
Creditors of John Horn	1791	Sequestration, Creditor, Trustee, Adjudication, Interlocutor, Statute	George Wilson, trustee for the creditors of John Horn, petitioned to alter an interlocutor allowing individual creditors to adjudicate post-sequestration, citing statutory prohibition and the risk of confusion or penalty preference. Based on the single document cataloged for this case.
David Clyne v. James Trail and David Hendersson, (Williamson's Trustees)	1830	Debt, Arrestment, Creditor, Assignation, Trustee, Sequestration	David Clyne raised a summons of forthcoming against James Traill, trustee for the creditors of the late Lieutenant-Colonel Benjamin Williamson, and David Henderson, factor, to recover funds held in trust for Kenneth Fraser. Traill and Henderson defended the action on the ground that they were not in possession of the funds at the time of the arrestment. They subsequently lodged a reclaiming note asking the Court to alter the interlocutor of which they complained.
Douglas v. Mason	1796	Debt, Arrestment, Creditor, Assignation, Bankruptcy, Trustee	Douglas petitioned the Court to alter the interlocutors of Lord Swinton Ordinary in a multiple-poinding process regarding a legacy held by a trustee. Mason argued that an arrestment laid upon the legacy was valid and took priority over an assignation made by a bankrupt son to his mother.
Drummond and Drummond, et al v. Barton, et al.	1793	Bankruptcy, Debt, Ranking of Creditors, Sequestration, Trustee, Creditor	The pursuers, as common agent and creditors of Hugh Seton, argued against Barton, et al that company-creditors who drew dividends in France must communicate those sums before ranking on Seton’s Scottish funds. Based on the single document cataloged for this case.
Duggan v. Wight	1795	Debt, Aliment, Lease, Trust, Tack, Trustee	Francis Duggan pursued Alexander Wight regarding the lands of Kevockmill, contesting Lord Elkgrove's title and claiming that Wight held the property in trust for him, asserting a beneficial interest despite his absence from the conveyance. Wight denied serving as trustee and relied upon rent receipts to reject Duggan's claim, citing contradictions and lack of funds. After the court pronounced an interlocutor against him, Duggan reclaimed; subsequently, Wight petitioned with correspondence disputing ownership, and Duggan answered maintaining his trust claim.
Dunmore v. Trustee for Buchanans	1796	Bankruptcy, Sequestration, Contract, Debt, Creditor, Trustee	Robert Dunmore, Esq. petitioned the Court of Session to alter a recent interlocutor pronounced in his litigation against the Trustee for Buchanans. He submitted an initial petition on 15 February 1797 seeking this relief, and subsequently presented an additional petition on 4 March 1797 reiterating his request that the Court modify its order.
Edmonstone, Fraser, and Ferrier v. Trustees of General Simon Fraser	1791	Debt, Succession, Trustee, Entail, Disposition, Trust	Edmonstone, Fraser, and Ferrier pursued the Trustees of General Simon Fraser for payment of a Crown-gifted debt, insisting that the trustees were bound to pay the specified heirs rather than apply the funds to the entailed estate. The trustees maintained that the Crown’s gift of the debt to Archibald Fraser could not be enforced against the entailed estate of Lovat. They subsequently petitioned the Court to alter its recent interlocutor in the cause.
Ferrier v. Grant, and Others	1780	Trustee, Ranking and Sale	This case was about the standing of an individual creditor to raise objections regarding a judicial sale, where a trustee had been appointed to act for the creditors' common interest. Thomas Fairholm and Adam Fairholm became bankrupt and conveyed their estate to Ludovick Grant, who was appointed trustee for the Fairholms’ creditors. All of the creditors acceded to this arrangement. Grant then obtained a heritable bond over lands belonging to Samuel Garbet, Francis Garbet, and Charles Gascoigne, who were Fairholm’s major debtors, and pursued a judicial sale based on that bond. However, Helen Ferrier, a creditor of the Fairholms, objected that certain lands had been omitted from the sale. In particular, Ferrier argued for the inclusion of lands to which Gascoigne had renounced his liferent rights after the proceeding commenced. In response, Grant and the other creditors claimed that the disputed lands were of no value. They also argued that Grant, as trustee, held all rights to the creditors’ debts and to the bond upon which the sale was based, and therefore that he was the only person entitled to take action on them. Similarly, they argued that only Grant, as pursuer of the sale, had standing to object to the omission of the lands. Ferrier responded that Grant held the debts and the bond for the benefit of the creditors, and that she, as a creditor, was also entitled to rely on them.
Forbes and Others v. Forrester & co	1794	Bankruptcy, Debt, Trustee, Creditor, Sequestration, Factor	Sir William Forbes and others, as pursuers, sought to establish Alexander Nairne as the proper trustee for the sequestrated estate of Peter Forrester and Company, while the creditors of that estate contended that Robert Forrester should be confirmed as trustee under the statute governing sequestrated estates. The parties presented competing memorials advancing their respective candidates for the office.
George and Wilsons v. Wilson	1789	Succession, Tack, Aliment, Lease, Trustee, Interest	George, David, and Mary Wilsons, children of the deceased George Wilson, answered the petition of James Wilson concerning Foulden-Newton, maintaining that the petitioner's claims were without foundation and that the case had been fully determined. Based on the single document cataloged for this case.
George Crichton v. William Bell and William Downe Gillon	1832	Bankruptcy, Debt, Creditor, Arrestment, Sequestration, Trustee	George Crichton pursued William Bell and William Downe Gillon regarding expenses. After Lord Mackenzie pronounced an interlocutor finding that no expenses were due to either party, Bell reclaimed against that determination, submitting notes asking the Court to alter the finding and declare him entitled to his expenses or to remit them when taxed.
George Haldane, and Others v. Charleton Palmer	1791	Trustee, Creditor, Adjudication, Debt, Sale, Succession	George Haldane and other creditors pursued Charleton Palmer regarding the sale of the Grange estate and the ranking of claims to the proceeds. The creditors of W. Belchier argued that a summons of sale raised at the instance of an apparent heir does not operate as an adjudication for the behoof of the whole creditors, while Haldane sought to have his interest ranked pari passu with the other creditors.
Harrisons v. Chippendale	1794	Bankruptcy, Debt, Sequestration, Trustee, Creditor, Bill of Exchange	The trustee argued that the Harrisons' claims were invalid for lack of indorsement and because they were founded upon post-bankruptcy acknowledgments. Based on the single document cataloged for this case.
Hay v. Watson	1832	Bankruptcy, Debt, Sequestration, Trustee, Creditor, Election contest	John Hay, stockbroker in Edinburgh, as pursuer, lodged a reclaiming note against the interlocutor finding the defender, Ebenezer Watson, duly elected trustee on the sequestrated estate of Robert M'Laren. Based on the single document cataloged for this case.
Henderson v. Inner-House Interlocutor	1789	Debt, Bankruptcy, Creditor, Aliment, Trustee, Interlocutor	Michael Henderson petitioned the Court of Session to alter a recent interlocutor issued by the Inner House. He presented an initial petition in March 1789, and subsequently presented a reclaiming petition in July 1789. The dispute concerned the Court's authority to review and modify its own prior interlocutory order.
Janet Kyle and Her Trustees v. William Allan, Adam White and Others	1816	Reduction, Trustee, Debt, Creditor, Succession, Aliment	Janet Kyle (also called Jessie Kyle) and her Trustees brought a summons of reduction against Adam White and other defenders, seeking to set aside the contract of April 20, 1811. White lodged preliminary and substantive defences denying the validity of the reduction and asserting that he was a bona fide purchaser of the rights in question. The cause proceeded to an interlocutor pronounced by Lord Mackenzie, against which the pursuers reclaimed.
John C. Farquharson v. John Thomson (Trustee of Mason, Baird, and Co.)	1832	Bankruptcy, Debt, Sequestration, Creditor, Trustee, Fraud
John Davidson v. Alexander Kyde, and Others	1797	Decreet-Arbitral, Succession, Trustee, Arrestment, Executor, Will	John Davidson, Esquire, trustee for Rachael Lindsay, spouse of Major James Dickson in the East India Company's service, and for his own interest, petitioned the Court to alter an interlocutor pronounced by Lord Stonefield. Major Alexander Kyde answered the petition. Robert Strang, Andrew Lennox, and James Alexander, in company, subsequently petitioned the Court to alter its recent interlocutor.
Kirkpatrick v. Maxwells	1795	Succession, Possession, Contract, Prescription, Tack, Trustee	William Kirkpatrick claimed title to Kirkcudbright lands against the heirs and husbands of Sir Robert Maxwell’s sisters, who defended by asserting their own prior title founded upon ancient charters and prescription. After the Court issued an interlocutor, Kirkpatrick petitioned to have it altered, and the defenders subsequently disputed his claim.
MacDonald v. MacGillivray	1793	Succession, Liferent, Trustee, Creditor, Interest, Debt	Alexander Macdonald, trustee for the creditors of bankrupt Lieutenant Alexander Fraser, sued Farquhar Macgillivray to recover £400 due under a bond. Thomas, Alexander, and Ann Fraser, children of Lieutenant Fraser, argued that the fee of the lands of Aberchalader was vested in their mother rather than their father and thus not subject to the creditors' claim. Macgillivray maintained that the fee of the £400 was vested in Lieutenant Fraser rather than his wife or children.
MacEwan v Thompson	1793	Debt, Succession, Creditor, Trustee, Adjudication, Disposition
Macwhinnie v. Burton	1795	Debt, Creditor, Adjudication, Bankruptcy, Sequestration, Trustee	Andrew M'Whinnie, common agent in the ranking of the creditors of Alexander Hooks, petitioned the Court to alter the Lord Ordinary's interlocutor reducing his adjudication in totum on the ground of pluris petitio. Alexander Burton defended his interest against M'Whinnie's objections regarding pluris petitio and trustee status, submitting replies and information arguing that the reduction was justified by M'Whinnie's improper conduct and concealment of payments rather than by innocent mistake.
Magistrates and Town-Council of Paisley v. M'Dowal et al	1792	Trustees, Assignation, Burgh, Debt, Trustee, Creditor	The Magistrates and Town-Council of Paisley petitioned the Court to alter an interlocutor in their action as pursuers seeking indemnity for road repairs executed under the 1753 turnpike act. The defenders William M'Dowal, George Houston, Robert Fulton, Robert Corse, Boyd Porterfield, Boyd Alexander, Archibald Speirs, and the assignees to the tolls answered the petition, resisting the magistrates' request for alteration of the court's prior order.
Marion Kilpatrick v. John Macalpine	1792	Intromission, Trustee, Debt, Executor, Factor, Succession
Marshall v. Taylor	1796	Bankruptcy, Trustee, Disposition, Creditor, Sequestration, Fraud	James Marshall, Writer to the Signet and trustee, challenged a preference claimed by Taylor and Smith over the proceeds of the lands of Dubhall and Auld's Acre from a bankrupt estate, asserting that the bankrupt held no valid title at the time of the bond. After the Court sustained the respondents' claim by interlocutor, Marshall petitioned to have that decision altered. The respondents opposed the petition as an irregular and belated reclaiming motion, arguing it was barred by acquiescence and prior litigation.
Maxwell and McCrerick v. Murdoch	1788	Arrestment, Creditor, Trustee, Sequestration, Prescription, Debt	John Maxwell and John M'Crerick petitioned the Court against Lord Ankerville’s interlocutors, craving alteration of the arrestment preference granted to John Murdoch and remission of their expenses. Murdoch answered, defending his right to the preference against the objections raised by the pursuers.
Miss Isabella Brown and Mandatary v. J. A. Cheyne and J. M'Kean	1830	Trustee, Ranking and Sale, Creditor, Disposition, Trust, Sasine	Miss Isabella Brown sued James Auchinleck Cheyne and John M'Kean for £500 and damages, alleging negligence in the defenders' purchase of Malta Terrace, Edinburgh on her behalf. The defenders answered, denying liability for the alleged negligence in the transaction. The litigation proceeded with reclaiming notes filed by both parties regarding interlocutory orders, including an argument by the defenders that Brown lacked title to maintain the action or to seek relief against their interlocutor.
Miss Margaret Littlejohn, and Others v. James Hamilton	1832	Sequestration, Creditor, Trustee, Debt, Factor, Trust	Miss Margaret Littlejohn and others pursued James Hamilton of Kames for sequestration of the rents of his estate and the appointment of a judicial factor. Hamilton answered, arguing that sequestration was unnecessary and incompetent in view of an existing trust arrangement. Heritable creditors subsequently petitioned for authority to let lands in Hamilton's personal possession or for sequestration of the whole estate, and Hamilton filed further answers responding to the application.
Mrs. Crawford & Others v. Bennett	1823	Bankruptcy, Succession, Debt, Creditor, Trustee, Aliment	Mrs. Margaret Crawford and others raised an action against William Bennett concerning funds held by him, petitioning the Court to ordain him to make up a scheme or cast of the funds in terms of the statute to enable them to consider their claims. Subsequently, the pursuers sought to have the cause remitted to multiplepoinding or to amend the record to permit a full hearing upon their claims.
Mrs. Henderson's Trustees v. J. Tulloch and D. Ross	1832	Succession, Disposition, Trustee, Assignation, Heritor, Aliment
Mrs. Jane Lowrey or Maxwell v. Colin Dunlop Donald and Dr King	1830	Trustee, Marriage, Succession, Debt, Aliment, Trust	Mrs. Jane Lowrey or Maxwell sued Colin Dunlop Donald and Dr Benjamin Watts King, as trustees and executors of the late John Maxwell Esq., for a declarator that she was his lawful wife and relict, concluding for aliment. The defenders denied the marriage and asserted that the aliment conclusions were incompetent, while Mrs. Lowrey also objected to a petition seeking a curator bonis for her children, insisting upon their legitimacy. She subsequently reclaimed against an interlocutor, asking the Court to alter it and repel the defences of Donald and King.
Riddell v. King	1796	Debt, Creditor, Interlocutor, Decreet-Arbitral, Trustee, Representation	Sir James Riddell of Ardnamurchan and his co-pursuers petitioned the Court to alter an interlocutor that had found them personally liable for a debt due by the deceased Mrs Paterson, explaining that they had not yet recovered any executry funds. The deceased’s executors subsequently petitioned for permission to delay further the recovery of those funds, despite admitting liability and acknowledging that ample estate assets remained available.
Robb v. Trustee	1793	Succession, Aliment, Creditor, Trustee, Debt, Sequestration	Mrs. Agnes Robb sought aliment from the sequestrated estate of her husband William Robb, pleading that she had brought a pre-marital fortune to the marriage, had been deserted by her insolvent husband, and had suffered improper sale of her property. Walter Ewing MacLae, trustee of the estate, answered her petition, whereupon Mrs. Robb replied correcting factual errors and insisting upon her right to retain the annual produce of her estate for her aliment. She subsequently petitioned the Court to alter a recent interlocutor.
Simpson v. Sinton's Interlocutor	1793	Bankruptcy, Debt, Trustee, Creditor, Prescription, Bill of Exchange	Alexander Simpson, vintner at Bridge-end of Ayr, and other creditors of James Hunter, carrier in Ayr, a bankrupt, presented a reclaiming petition asking the Court to alter Lord Swinton's interlocutor. Based on the single document cataloged for this case.
Skinner v. Bell	1832	Expenses, Trustee, Sist, Advocation, Tax, Feu	J. R. Skinner, pursuer, presented a reclaiming petition asking the Court to alter Lord Corehouse's interlocutor in the action against Bell. Based on the single document cataloged for this case.
T. Mansfield (Stuart's Trustee) v. Walker's Trustees	1830	Sequestration, Bankruptcy, Trustee, Creditor, Sasine, Disposition	Thomas Mansfield, as trustee upon the sequestrated estate of James Stuart, raised a summons of reduction against John Sutherland Sinclair and subsequently against Josiah Walker and the representatives of Professor Walker, contesting the defenders' assertion of a right to preference over the general body of creditors. The process was advanced to the record, after which Mansfield submitted a revised case maintaining that the defenders' claim to priority in the bankrupt estate was unfounded.
The Trustees for the Creditors of William Bogle v. John Ballantyne	1791	Bankruptcy, Debt, Arrestment, Creditor, Compensation, Trustee	James Macgregor and others, as trustees for the creditors of William Bogle, late merchant in Glasgow, petitioned the Court to alter a recent interlocutor in their action against John Ballantyne, banker in Ayr, for repayment of trust stock. Ballantyne answered the petition, contesting the trustees' claim for repayment.
Thomas Cranstoun v. James-Ann M'Dowal, and her Factor loco tutoris	1797	Debt, Bankruptcy, Creditor, Trustee, Cautioner, Aliment	Thomas Cranstoun, Writer to the Signet and trustee for the creditors of the late Reverend Dr. John M'Farlan, sued Miss James-Ann M'Dowall and her factor to recover dividends drawn from the doctor's estate by creditors of her deceased relatives, disputing her entitlement to retain sums drawn upon debts for which M'Farlan had stood merely as cautioner. Miss M'Dowall initially petitioned to overturn Lord Monboddo's interlocutor, prompting answers from Cranstoun, who later petitioned to alter the Court's subsequent interlocutors and answered the defender's pleadings before bringing the final suit to enforce recovery under the court-approved accounting report.
Thomas Thorburn v. Thomas Ranken	1832	Debt, Creditor, Trustee, Ranking and Sale, Disposition, Interest
Wilkie creditors v. Wilkie	1802	Bankruptcy, Creditor, Trustee	When Alexander Wilkie was declared under the bankruptcy process, John Hill was appointed as the trustee for all his creditors. At first, Mr. Wilkie denied to be insolvent, so he refused to comply with the trustee's instructions and asked for a second examination. (It seemed to be the first time that someone refused to obey an order from the Court regarding the bankruptcy act.) After a second examination, the Court granted a reasonable indulgence. However, Wilkie's creditors (Sir William Augustus Cunninghame of Livingstone, Boronet; James Chalmer, Esq. of Abingdon Street, London; Mr. George Wilkie, Merchant in Dundee; and Thomas Martin, writer in Edinburgh), submitted a petition to remove John Hill, the previously appointed Trustee for the bankruptcy process.
William Yeats v. Alexander Thomson and Others	1829	Reduction, Creditor, Trust, Expenses, Trustees, Trustee	William Yeats pursued Alexander Thomson and others to reduce a pretended will dated 1 April 1829. In July 1832, Yeats and James Wilson presented a reclaiming note asking the Court to recall Lord Moncreiff's interlocutor and reduce the defenders' liability.
Wylie v. Duncan	1803	Bankruptcy, Deposition of land, Trustee	In 1800, the pursuer granted some rights to Robert Archibald over certain lands in Glasgow. A considerable time after this transaction, Mr. Archibald fell into bankruptcy, so the trustee for his creditor, the defender, received Mr. Archibald’s properties, including the piece of land Mr. Archibald had received by pursuer. Pursuer brought an action to alter the interlocutors that included such land as a part of Mr. Archibald estate. He argued that the disposition over that land was not intended to be a sale, but rather, a security for a loan. Therefore, he was entitled to redeem the property upon payment of the credit. Trustee opposed the petition on the grounds that Mr. Archibald acquired the completed right of the land which is now vested in his creditors.