John Campbell of Clochombie and James Campbell of Ballinaby were co-cautioners on a bond granted by Major Donald Campbell of Castlesween to the Bank of Scotland. After Castlesween encountered financial difficulties, Colonel Donald Campbell of Saddell stepped in to pay £4000 towards his debts, including the bond. As part of this transaction, Saddell took assignments of the debts in question and received a heritable security over Castleween. Subsequently, Saddell sought payment from David Campbell of Clochombie, son of the elder Clochombie. These two men struck a deal in which David agreed to pay off the entire £4000 in exchange for assignments of the debts and the security over Castlesween. As the new assignee, David sought payment from Donald Campbell of Ballinaby, the son of his father’s co-cautioner. Ballinaby contended that he was entitled to be ranked on the heritable security, leading to a dispute about the manner in which he would be ranked.
Documents in this case (2)
People involved
- Donald Campbell, Esq. of Ballinaby — Petitioner
- David Campbell, of Clochombie — Respondent
- James Campbell, of Ballinaby — Named in case documents
- John Campbell, of Clochombie — Named in case documents
- Major Donald Campbell, of Castlesween — Named in case documents
- Neill Campbell, of Duntroon — Named in case documents
- Bank of Scotland — Named in case documents
- Alexander Lockhart, Lord Covington — Named in case documents
- Colonel Donald Campbell, of Saddle — Named in case documents
- Mr. Robertson-Barclay — Named in case documents
- Robert Cullen, Lord Cullen — Advocate for Petitioner
- Robert McQueen — Advocate for Respondent
- Alexander Boswell, Lord Auchinleck — Lord Ordinary
Places
- Castlesween (principal)
John Campbell of Clochombie and James Campbell of Ballinaby were co-cautioners on a bond granted by Major Donald Campbell of Castlesween to the Bank of Scotland. After Castlesween encountered financial difficulties, Colonel Donald Campbell of Saddell stepped in to pay £4000 towards his debts, including the bond. As part of this transaction, Saddell took assignments of the debts in question and received a heritable security over Castleween. Subsequently, Saddell sought payment from David Campbell of Clochombie, son of the elder Clochombie. These two men struck a deal in which David agreed to pay off the entire £4000 in exchange for assignments of the debts and the security over Castlesween. As the new assignee, David sought payment from Donald Campbell of Ballinaby, the son of his father’s co-cautioner. Ballinaby contended that he was entitled to be ranked on the heritable security, leading to a dispute about the manner in which he would be ranked.
