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.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 10269


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