1793–1794
DebtCreditorAdjudicationBill of ExchangeInterlocutorBankruptcyJames Fleming, defender in the action by the creditors of Hay, petitioned the Court to alter an interlocutor that had excluded him from an adjudication upon the debtor’s Scottish property, maintaining that his claim was liquidated by bill and sufficiently authenticated by protest and affidavit notwithstanding the original instrument’s absence abroad. He sought to overturn the Inner-House ruling and obtain remit to the Lord Ordinary to lead further proof of his debt’s verity.AI-generated
Documents in this case (4)
- Fleming — Petition, 19 Jun 1793June 19, 1793 Petition of James Fleming asking the Court to alter its interlocutor and remit the matter to the Lord Ordinary for further proceedings on the verity of his debt
- Creditors of Hay v. Fleming — Petition, 16 May 1794Petitioner Fleming seeks to overturn an Inner-House ruling excluding him from an adjudication over debtor Hay’s Scottish property, claiming the debt was liquidated by bill and authenticated via protest and affidavit, de…
- Parkers — Answers, 5 Jun 1794June 5, 1794 Answers by Messrs Parkers, Hunter, Smith, and Company to the petition of James Fleming, arguing that his adjudication is void for lacking a written document of debt or prior decree of constitution.
People & places in this case
People involved
- Alexander Hay, of Mordington — Party
- James Fleming — Party
- Allan Maconochie, Lord Meadowbank — Advocate for Party
- John MacLaurin, Lord Dreghorn — Lord Ordinary
Places
- London (principal)
- Canada
- Kilmarnock
- Edinburgh
- Scotland
