Richard Thomson v. Messrs Douglas, Heron, and Company

Richard Thomson of Crowdieknowes transferred his lands to David Armstrong of Kirtleton "heritably and irredeemably," with the qualification that such lands should be sold for Thomson's benefit. Armstrong obtained a charter for the lands without recording the qualification. Armstrong subsequently conveyed the lands to Douglas, Heron, and Company to secure his own debt, and other creditors of Armstrong adjudged the lands. Thomson then initiated a court action to void Armstrong's right to the lands on the ground of fraud. Armstrong's creditors, including Douglas, Heron, and Company, appeared in the suit to defend their interest. Thomson argued that Armstrong held the lands in trust and therefore lacked the power to act as proprietor. In response, the creditors argued that they were entitled to rely on the relevant land records.