This case concerns a competition between Alexander Melvil and the other creditors of James Davie, brewer in Cupar, whose affairs went into disorder in the summer of 1775. Davie's moveable effects were sold by public roup (auction) that September, under the authority of the Sheriff of Fife. Alexander Melvil had previously executed a void poinding on these effects and entered a claim to them on this basis, which the Sheriff rejected. After the poinding was carried out by Robert Stark, the sequestrator, Melvil contested the goods once again. On August 5, 1777, Lord Braxfield found Melvil's claims to the goods preferable to Davie's other creditors and servant's wages. The other creditors of Davie then petitioned the Court to review Braxfield's interlocutors. In addition to asking the court to deny Melvil's claim, they also argued that the wages of James Barclay, late servant to James Davie, formed a disadvantage case, and should be given preference. The Court ruled that wages were to be considered privileged debts, and preferable to Melvil's claim.
Documents in this case (1)
People involved
- Robert MacQueen, Lord Braxfield — Lord Ordinary
- George Wallace — Advocate for Petitioner
- Captain Frederick Bruce — Petitioner
- Sir Robert Preston, Baronet — Petitioner
- Robert Bell Sr. — Petitioner
- Robert Geddie — Petitioner
- Henry Lethangie — Petitioner
- Robert Monro — Petitioner
- John Donaldson — Petitioner
- Mary Hedderwick — Petitioner
- David Walker — Named in case documents
- John Edie — Petitioner
- James Barclay — Petitioner
- James Dalgleish, of Scotscraig — Named in case documents
- James Davie — Named in case documents
- Alexander Melvil — Charger
- Sir Robert Anstruther, of Balcaskie, 3rd Baronet of Nova Scotia — Named in case documents
- Dr. Robert Menzies, of Dura — Named in case documents
- Mr. George Boes — Named in case documents
- Robert Stark, Esq. — Named in case documents
- Primrose Rymer — Named in case documents
Places
This case concerns a competition between Alexander Melvil and the other creditors of James Davie, brewer in Cupar, whose affairs went into disorder in the summer of 1775. Davie's moveable effects were sold by public roup (auction) that September, under the authority of the Sheriff of Fife. Alexander Melvil had previously executed a void poinding on these effects and entered a claim to them on this basis, which the Sheriff rejected. After the poinding was carried out by Robert Stark, the sequestrator, Melvil contested the goods once again. On August 5, 1777, Lord Braxfield found Melvil's claims to the goods preferable to Davie's other creditors and servant's wages. The other creditors of Davie then petitioned the Court to review Braxfield's interlocutors. In addition to asking the court to deny Melvil's claim, they also argued that the wages of James Barclay, late servant to James Davie, formed a disadvantage case, and should be given preference. The Court ruled that wages were to be considered privileged debts, and preferable to Melvil's claim.
