In 1759, William Belchier purchased the estate of Grange in Scotland. Belchier died without children, leaving his estate to his older brother, John Belchier, in liferent and to his nephew, James-William Belchier, in fee. Several creditors of the decedent William Belchier brought actions of constitution and adjudication against his estate. Defenders Charlton Palmer and William Walker, creditors of William Belchier, sought a sale of William Belchier's estate and a ranking of the creditors. (The defenders mistakenly brought the action only against the liferenter, John Belchier, but later amended the action to include the apparent heir, James-William Belchier.) To expedite the process and reserve some of the estate for themselves, the pursuers also brought an action for the sale and ranking of the estate. This led to a dispute concerning which action—the creditors' or the apparent heirs'—should proceed.
Documents in this case (1)
People involved
- John Belchier — Pursuer
- James-William Belchier — Pursuer
- John Russell, of Roseburne — Pursuer
- Charlton Palmer — Defender
- William Walker — Defender
- John Swinton, Lord Swinton — Advocate for Pursuer
- Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia — Lord Ordinary
- Robert Bruce, of Kennet, Lord Kennet — Lord Ordinary
- William Belchier — Named in case documents
- Samuel Belchier — Named in case documents
- John Belchier — Named in case documents
- George Thomson, of Shrewsbury — Named in case documents
- Frances Belchier — Named in case documents
- James Haughton Langston — Named in case documents
Places
In 1759, William Belchier purchased the estate of Grange in Scotland. Belchier died without children, leaving his estate to his older brother, John Belchier, in liferent and to his nephew, James-William Belchier, in fee. Several creditors of the decedent William Belchier brought actions of constitution and adjudication against his estate. Defenders Charlton Palmer and William Walker, creditors of William Belchier, sought a sale of William Belchier's estate and a ranking of the creditors. (The defenders mistakenly brought the action only against the liferenter, John Belchier, but later amended the action to include the apparent heir, James-William Belchier.) To expedite the process and reserve some of the estate for themselves, the pursuers also brought an action for the sale and ranking of the estate. This led to a dispute concerning which action—the creditors' or the apparent heirs'—should proceed.
