M'Lehose and Others v. Parks

James Shiels wanted to sell certain parcels of his estate in Partick, which had been encumbered by his and his father’s creditors. The creditors agreed to ratify these sales; in exchange, James agreed to dispone to the creditors the remainder of his estate. After this deal was executed, one creditor broke with the others and attached the property that James had disponed. Nonetheless, the non-adjudicating creditors proceeded to sell the property at auction. William M’Lehose, the purchaser, granted bond for the price, joined by his sons William and James (the eventual defender). However, in recognition of the ongoing adjudication, M’Lehose stipulated that he would retain the sale price, bearing interest, until the encumbrance was removed. The dispute continued for some time, and the creditors alleged that James M’Lehose was delaying its resolution. They sought an order from the Lord Ordinary requiring the accrued interest to be capitalized so that it would bear interest going forward.