This case was about competing claims to rents on the estate of William Maxwell of Ardwell. In 1780, Maxwell’s tenants initiated a proceeding to prioritize various claims made by Maxwell’s creditors. As part of that proceeding, the Lord Ordinary sequestrated the disputed rents and appointed Thomas Naismith as factor. However, in 1781, two of Maxwell’s tenants initiated a second proceeding regarding their rents. In the second proceeding, Elizabeth M’Morrow obtained a preference based on an arrestment she had served on the tenants. Naismith challenged M’Morrow’s preference. However, M’Morrow responded that the earlier sequestration was improperly obtained and that, in any case, her arrestment predated the sequestration.
Documents in this case (2)
People involved
- Thomas Naismith — Petitioner
- Elizabeth M'Morrow — Respondent
- Robert Cullen, Lord Cullen — Advocate for Petitioner
- John Paterson — Pursuer
- Patrick Shank — Pursuer
- William Craig, Lord Craig — Advocate for Respondent
- John Campbell, Lord Stonefield — Lord Ordinary
- William Maxwell, of Ardwell — Named in case documents
- Captain Keith Stewart — Named in case documents
- Lieutenant John Maxwell — Named in case documents
- David Dalrymple, of Westhall, Lord Westhall — Named in case documents
- Thomas Naismith, of Drumblair — Named in case documents
Places
This case was about competing claims to rents on the estate of William Maxwell of Ardwell. In 1780, Maxwell’s tenants initiated a proceeding to prioritize various claims made by Maxwell’s creditors. As part of that proceeding, the Lord Ordinary sequestrated the disputed rents and appointed Thomas Naismith as factor. However, in 1781, two of Maxwell’s tenants initiated a second proceeding regarding their rents. In the second proceeding, Elizabeth M’Morrow obtained a preference based on an arrestment she had served on the tenants. Naismith challenged M’Morrow’s preference. However, M’Morrow responded that the earlier sequestration was improperly obtained and that, in any case, her arrestment predated the sequestration.
