This case was about the payment of a decedent’s debts. James Buchanan and John Auld, pursuers, were creditors to an estate under the supervision of a factor, William Galdie. According to the pursuers, William died owing a balance to the estate. To recover the balance, the pursuers attempted to arrest funds in the hands of William’s creditors, including defenders Adam Grant and John Wood. However, these arrestments were ineffective because the defenders had already distributed most of William’s funds at the direction of his general disponee, George Galdie. The pursuers argued that these distributions could not defeat their claims, because George lacked the legal title necessary to order them. The pursuers also claimed that the payments were part of a scheme to favor certain creditors.
Documents in this case (1)
- Adam Grant Dyer and John Wood v. James Buchanan and John Auld — Answers, 28 Jan 1784January 28, 1784 Petition of the respondents, asking the Court to disallow payments made by Adam Grant to creditors, asserting those payments were unauthorized and fraudulent
People & places in this case
People involved
- Adam Grant — Defender
- John Wood — Defender
- James Buchanan — Pursuer
- John Auld — Pursuer
- Matthew Ross, of Candie — Advocate for Pursuer
- Francis Garden, Lord Gardenstone — Lord Ordinary
- James Anderson — Named in case documents
- William Galdie — Named in case documents
- George Galdie — Named in case documents
- Anderson and Lothian — Named in case documents
- Murdoch, Gillies, and Co. — Named in case documents
Places
Where this case took place
This case was about the payment of a decedent’s debts. James Buchanan and John Auld, pursuers, were creditors to an estate under the supervision of a factor, William Galdie. According to the pursuers, William died owing a balance to the estate. To recover the balance, the pursuers attempted to arrest funds in the hands of William’s creditors, including defenders Adam Grant and John Wood. However, these arrestments were ineffective because the defenders had already distributed most of William’s funds at the direction of his general disponee, George Galdie. The pursuers argued that these distributions could not defeat their claims, because George lacked the legal title necessary to order them. The pursuers also claimed that the payments were part of a scheme to favor certain creditors.
