| Creditors of Moncreiffe v. Moncreiffe |
1777
|
Multiple-Poinding, Ranking of Creditors |
Sir Thomas Moncreiffe provided £1,000 to the younger children of his son, Thomas. A dispute between Thomas' two children, William and Patrick, was resolved in the latter's favor. William then became the target of several of Patrick's creditors, who brought action for payment before Lord Elliock. Sir William Moncreiffe responded with a process of multiple-poinding (claim adjudication), which Lord Kennet transferred to the process before Lord Elliock. Moncreiffe then petitioned the Court to affirm that the ranking must be fully adjusted before he be required to make payment. Cochrane, Murdoch, and Company, creditors in the ranking, answered that the ranking was indeed concluded. They also petitioned to be ranked on and to recover expenses from the draught of John Thain, another creditor of Moncreiffe, now deceased. John Thain's widow and children then submitted answers to this petition, asking the Court to refuse Cochrane, Murdoch, & Co.'s request. See also John Thain, Advocate in Aberdeen v. Sir William Moncrief of Moncrief, a related case that came before Lord Hailes. |
