Legal Subject: Creditor

Case Date Legal Subject Abstract
Elizabeth and Isobel Grays, Daughters of John Gray of Rogart, deceased v. John Wood, and Others, Creditors of said John Gray 25 Feb 1773 Creditor, Estate Settlement Elizabeth and Isobel Gray, daughters of John Gray, inherited the lands of Rogart, which their mother Rachel Monro had received from her own father. After her marriage to John Gray, Monro transferred legal ownership of the lands to her husband, at which time he agreed to secure £200 in liferent for his spouse and their future children. No formal contract, however was ever executed to confirm this agreement. Nevertheless, Mr. Gray remained as manager or administrator for his daughters. Elizabeth and Isobel Gray sold the lands of Rogart. The Creditors of John Gray brought a multiple-poinding action against them in an attempt to claim a right to a portion of the proceeds in order to satisfy John Gray's debts. The Lords found that the lands did not belong to the Mr. Gray, thus Elizabeth and Isobel Gray could claim the whole value.
M'Math v. Campbell 9 Jul 1802 Prescription, Property rights, Creditor Pursuer brought an action to claim his preference right over a property in Daill that he had taken possession of as creditor of Neil MacKellar, who was the original landlord. It was found that Duncan Fisher, creditor of Neil MacKellar, was entitled to have part of such land, which Donald MacMath (petitioner) had in his possession. The defendant, Duncan Campbell, appeared as posterior assignee of the land in virtue of an assignation granted by Duncan Fisher. The pursuer alleged that he had had the land for a considerable time, so a prescription period was in course. Then, the discussion was if the prescription was interrupted.
MacDougall's Creditors v. MacDougall 31 Jan 1804 Bankruptcy, Estate, Creditor Mr. Allan Macdougall made advances to his son John to help him to get the position of lieutenant in the army. Two year after the disbursements, Mr. Macdougall became bankrupt and ceased the payments of his debts. Mr. Macdougall’s creditors brought an action against John Macdougall for repayment of the sum advances by his father. The Lord Ordinary found that the creditors were not entitled to claim the sums from John because their debts were separated from John estate.
Maclean v. Maclean 1771 Debt, Creditor Archibald Maclean had won a judgement against John Maclean for the payment of debts arising from the sale of some merchant goods and a cow. John claimed that he was liable for the merchant goods, but challenged the bill for the cow charges. He alleged that this debt was assigned to some other people by selling the cow.
Messrs Mansfield, Hunter, and Company, and Others, creditors of John Nisbet of Northfield v. Thomas Cairns 15 Feb 1771 Creditor Pursuers Mansfield, Hunter, Cochran, Murdoch, and Rigg, were creditors of the late John Nisbet of Northfield. Defender, Thomas Cairns, became a preferred creditor of Nisbet through a loan to Nisbet in November 1769. (A preferred creditor had priority to the repayment of a debt over other creditors.) The money was put into Nisbet's hands through Cairns's trustee, William Kerr, who also entrusted William Hart. Nisbet granted Cairns a heritable bond. Nisbet later went bankrupt. The Pursuers challenged Cairns' status as a preferred creditor. They maintained that they were creditors of the debtor Nisbet before his arrangement with Cairns, and that they had claims at least on par with Cairns.
Wilkie creditors v. Wilkie 10 Mar 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.