In May 1799, Walter Lunn, the Pursuer, was rendered bankrupt and subsequently sued for cessio bonorum. The Pursuer claimed that his insolvency was the result of innocent misfortune, while the Defender, his creditors, claimed that the Pursuer had engaged in fraud, thus disqualifying him from cessio bonorum. John Nixon, as Defender court-appointed trustee of Lunn's sequestered estate, opposed Lunn's claim to cessio bonorum after Nixon's review of Lunn's finances returned a much larger debt than Lunn had originally claimed. Nixon challenged the profits that Lunn claimed from a subject in Edinburgh liferented by his wife. Nixon argued that these rents were far less conseqential than Lunn claimed and that a competing claim on these rents by the family of Mrs. Lunn currently before the court would cause long delays in Walter Lunn's creditors receiving any of this money. Nixon also claimed that Lunn overstated the travel expenses he incurred while working as a traveling packman through the country of Roxburgshire.
Documents in this case (6)
- Lunn v. Creditors of Lunn — Answers, 2 Jul 1802Document includes a detailed account of the Pursuer's debts and funds in support of the Defenders' claims that Walter Munn is not entitled to the benefit of cessio bonorum.
- Lunn v. Creditors of Lunn — Report, 9 Dec 1802Includes a statement of Walter Lunn's debts and funds with the Trustee's intromissions.
- Lunn v. Creditors of Lunn — Petition, 14 Dec 1802Petition, Creditors of Walter Lunn, Against Inner-House Interlocutor. Defenders request that the Court review the interlocutor pronounced on December 11, 1802 in which the Lords Ordinary found Walter Lunn insolvent thr…
- Lunn v. Creditors of Lunn — Minute, 15 Dec 1802Document claims that on 4 March 1799 Walter Lunn issued a formal renunciation of his jus mariti over the rents due to his wife from subjects in Edinburgh after receiving a deed outlining such a renunciation from Mrs. Lu…
- Lunn v. Creditors of Lunn — Answers, 19 Mar 1803Document argues that the Court should uphold the Interlocutor. Walter Lunn argues that his work as a traveling merchant made accounting and repayment of debts difficult, and he claims that he did not try to hide his re…
- Lunn v. Creditors of Lunn — Petition, 4 Jun 1803Document requests the Lordships to give warrant to John Nixon to pay the petitioner's legal expenses so that he can gain release from prison.
People & places in this case
People involved
- John Nixon — Trustee/Tutor/Representative for Defender
- Walter Lunn — Pursuer
- John Dickson, of Kilbucho — Advocate for Pursuer
- William Riddell, W.S., of Camieston — Agent
- Hugh Smyth Mercer, W.S. — Agent
- Joseph Gillon — Agent
- Elizabeth Lunn — Named in case documents
- William Borthwick — Named in case documents
- Mr. Hoggan — Named in case documents
- Mr. Wilson — Named in case documents
- George Turnbull Jr. — Named in case documents
