David Thomson of Ingliston, defender, granted a bond to James Thomson, who conveyed shares of the bond to many different assignees. Several of these assignees made further assignments, and the pursuers, John Richardson and John Tait, came to possess a four-sixths share of the bond. Richardson and Tait sued David Thomson for payment. In the ensuing process, Thomson alleged that Tait and Richardson were merely trustees for certain assignees whom he had already paid. In response, Richardson and Tait claimed to be Thomson’s rightful creditors, having exchanged ready money for shares that the earlier assignees were unable to collect. Richardson and Tait also argued that David Thomson had missed a deadline for continuing to contest the case.

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