Robert and Henry Drummonds, creditors of Hugh Seton, disputed with Archibald Seton, Hugh’s heir-male, over whether the liferent of a dividend from Hugh’s insolvent estate belonged to the creditors at large or to Archibald as heir. The Drummonds argued that Archibald could not rank for dividend until the full £8000 marriage provision was paid, or that he could be ranked for no more than the value of his father’s liferent-right as a debt in diem, while Archibald petitioned to reclaim the dividend, contending that trustees had to be satisfied from the marriage contract debt before creditors could claim the liferent. Robert Blair separately petitioned the Court to alter its interlocutor, and the parties further disputed whether Hugh’s liferent right was vested and unconditional or conditional upon payment of the marriage provision.AI-generated
Documents in this case (8)
- R. & H. Drummonds v. Archibald Seton — Information, 4 Sep 1794September 4, 1794 Information of the memorialists, arguing that the liferent of the dividend belongs to Hugh Seton's creditors at large, not to Archibald Seton as heir-male
- Archibald Seton v. The Creditors of Hugh Seton — Information, 9 Oct 1794October 9, 1794 Information of Archibald Seton of Touch, Esq; and his Commissioners, arguing that creditors cannot draw annualrent of a dividend until the debtor fulfills his marriage-trust obligations
- Archibald Seton of Touch and his Commissioners v. The Creditors of Hugh Seton of Touch and James Bremner — Memorial, 13 Jan 1795January 13, 1795 Memorial of Archibald Seton of Touch, Esq; and his Commissioners, arguing that the trustees under the marriage contract retain the right to withhold annualrents until the balance due by Hugh Seton is fu…
- Robert and Henry Drummonds v. Archibald Seton — Memorial, 20 Feb 1795February 20, 1795 Memorial of Robert and Henry Drummonds, creditors of Hugh Seton, arguing that Archibald Seton cannot be ranked for more than the value of his father's liferent-right, as a debt in diem.
- Drummonds — Petition, 13 May 1795May 13, 1795 Petition of Robert Blair asking the Court to alter its recent interlocutor
- Robert and Henry Drummonds v. Archibald Seton of Touch — Answers, 13 Jun 1795June 13, 1795 Information of defenders, arguing that the claim by Mr Archibald Seton cannot be ranked for dividend until the full L.8000 is paid, as his liferent interest is conditional on that payment.
- Reclaiming Petition — Archibald Seton, Esq; against an Inner-House InterlocutorPetitioner Archibald Seton seeks to reclaim a dividend from his father’s bankruptcy estate, claiming trustees must be paid first from the remaining marriage contract debt before creditors can claim liferent.
- Drummonds v. Seton, et al — Answers, 20 Feb 1796February 20, 1796 Information of defenders, arguing that Hugh Seton's liferent right was vested and not conditional on full payment of the marriage provision
People & places in this case
People involved
- Archibald Stirling, of Keir — Party
- James Bremner — Party
- Hugh Smith — Party
- David Paterson — Party
- Sir John Steuart, of Allanbank, 3rd Baronet of Nova Scotia — Party
- Mr. Graham, of Buchlyvie — Party
- William Douglas, Duke of Queensberry — Party
- Allan Maconochie, Lord Meadowbank — Advocate for Party
- Robert Blair, of Avontoun, Lord Avontoun — Advocate for Party
- John Swinton, Lord Swinton — Lord Ordinary
