Robert Cowan and Company, creditors on a bill accepted by John Farie, sought to have Farie’s movable effects sequestrated. Cowan & Co. argued that sequestration was appropriate when a debtor’s movable estate was the subject of a poinding or when the debtor was imprisoned; both criteria applied to Farie. The respondents opposed sequestration on several grounds, including the following: (1) Farie received no value for the bill; (2) Farie was under interdiction when he accepted the bill; and (3) Farie’s movable estate was exhausted by higher-ranked creditors. When the case was argued, the parties agreed to suspend the proceeding while the respondents found caution for Farie’s debt. However, after a dispute about the form of the caution, Cowan & Co. submitted a second petition for sequestration and expenses.

Locations

Session Papers

Petition

Unto the Right Honourable the Lord Ordinary officiating on the bills, the Petition of Robert Cowan, and Company, merchants in Carron

6 Jan 1781
Replies

Replies for Robert Cowan and Company, Merchants in Carron, to The Answers given in, in the name of John Fairie, late of Farm, and for James Fairie of farm, and Claud Marshall writer in Glasgow, his interdictors, and for the said James Fairie, as disponee of the whole estate and effects of the said John Fairie

5 Feb 1781
Answers

Answers for John Farie late of Farme; and for James Farie of Farme, and Claud Marshall Writer in Glasgow, his Interdictors; and for the said james Farie, as Disponee of the whole estate and effects of the said John Farie; to the Petition of Robert Cowan and Company, Merchants in Carron

12 Feb 1781
Duplies

Duplies for John Farie late of Farme; James Farie now of Farme, and Claud Marshall Writer in Glasgow, two, and a Quorum of the Interdictors of the said John Farie; and George White of Bankhead, Esq; to the Replies of Robert Cowan and Company, Merchants in Carron

14 Feb 1781
Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of Robert Cowan and company, merchants in Carron, and others, Creditors of John Fairie late of Farm

5 Jul 1781
Answers

Answers for John Farie late of Farme, and for James Farie of Farme, and Claud Marshall Writer in Glasgow, Two and a Quorum of the Interdictors of the said John Farie, and for George White of Bankhead, Esq; John Farie's principal creditor; to the Petition of Robert Cowan and Company, Merchants in Carron

31 Jul 1781

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