In 1761, George Hamilton inherited Easter-Queenslie and Provanhall from his brother, Robert, along with some heavy debts. Hamilton later accumulated additional debts, and his other brother, John, acted as cautioner for many of them. In 1769, George Hamilton executed an absolute disposition in favor John over the Wester-Mailing of Easter-Queenslie, as security over the aforementioned debts. Over the years George Hamilton granted other wadsets to his creditors over other parts of his estate. By 1773, he had gone bankrupt, and the Court sequestrated the rents of his lands. George's brother, John, petitioned the Court to strike the Wester-Mailing of Easter-Queenslie from the estate sale, given the disposition held by him. The other creditors of George Hamilton objected to this petition, arguing that Hamilton's disposition, being in fact a security, did not endow him with preferable ranking. Furthermore, they argued that because Hamilton had received a confirmation of his interest only in 1776, after the ranking of the sale had begun, his confirmation was null and void. To this John Hamilton responded that regardless of the details of his disposition, "at all events he has security on the lands, and it is a matter of no great importance to him whether he be considered as real proprietor under the [aforesaid] personal obligation, or a preferable creditor." Handwritten marginalia indicates that the Court repelled the objections.
People involved
- Alexander Boswell, Lord Auchinleck — Reporter
- William Craig, Lord Craig — Advocate for Petitioner
- John Morthland, of Rindmuir — Advocate for Objector
- John Hamilton — Petitioner
- James Inglis Jr. — Named in case documents
- William Jamieson Jr. — Objector
- Baillie George Hamilton, of Provanhall — Named in case documents
- William Jamieson Sr. — Named in case documents
- William Wilson, of Howden — Named in case documents
- Magistrates and Town-Council of Glasgow — Named in case documents
- William Coates — Agent
- Benjamin Barton — Named in case documents
- Margaret Porter — Named in case documents
- Mess. Edie and Laird — Named in case documents
Places
- Barlanark (Provan) (principal)
In 1761, George Hamilton inherited Easter-Queenslie and Provanhall from his brother, Robert, along with some heavy debts. Hamilton later accumulated additional debts, and his other brother, John, acted as cautioner for many of them. In 1769, George Hamilton executed an absolute disposition in favor John over the Wester-Mailing of Easter-Queenslie, as security over the aforementioned debts. Over the years George Hamilton granted other wadsets to his creditors over other parts of his estate. By 1773, he had gone bankrupt, and the Court sequestrated the rents of his lands. George's brother, John, petitioned the Court to strike the Wester-Mailing of Easter-Queenslie from the estate sale, given the disposition held by him. The other creditors of George Hamilton objected to this petition, arguing that Hamilton's disposition, being in fact a security, did not endow him with preferable ranking. Furthermore, they argued that because Hamilton had received a confirmation of his interest only in 1776, after the ranking of the sale had begun, his confirmation was null and void. To this John Hamilton responded that regardless of the details of his disposition, "at all events he has security on the lands, and it is a matter of no great importance to him whether he be considered as real proprietor under the [aforesaid] personal obligation, or a preferable creditor." Handwritten marginalia indicates that the Court repelled the objections.
