Joseph Heatly was an engineer who became insolvent before he could complete a projected coal-work outside of Glasgow. His estate being sequestered. His trustees put Heatly's funds and their own private capital into completing this coal work, projecting that the profits from the venture would more than pay back Heatly's debts and the expenses of its founding. John Anderson, one of Heatly's creditors, believed the trustees had neither the background nor the aptitude to manage a coal-work, and did not expect that this undertaking would result in him receiving the debt owed to him. He brought a summons and executed an inhibition against the trustees. In response the trustees petitioned the Court to have this inhibition suspended. Lord Kennet granted a sist (judicial stay) on the inhibition, "till the bill and answers should be advised." Because of this sist the inhibition was not recorded or executed within forty days, but the trustees feared that Anderson would file another one. They petitioned the Court to rule that Anderson could not execute an inhibition against the trustees of Heatly's estate. The Court dismissed this petition.
Documents in this case (2)
- Robertson v. Craig — Petition, 24 Jun 1776Petition by the trustees of Joseph Heatly to prevent an inhibition being executed against them by John Anderson
- Answers 1776July 2, 1776 Response by John Anderson to the petition of Joseph Heatly's trustees
People & places in this case
People involved
- Baillie William Craig — Pursuer
- George Houston, 4th Laird of Johnstone — Pursuer
- William Coates — Pursuer
- John Anderson — Defender
- William Craig, Lord Craig — Advocate for Pursuer
- Robert Cullen, Lord Cullen — Advocate for Defender
- Robert Bruce, of Kennet, Lord Kennet — Lord Ordinary
- Charles Livingston — Agent
- James Marshall, Esq. — Agent
- Joseph Heatly — Named in case documents
- John Cumming — Named in case documents
- James Horne — Named in case documents
- William Laurie — Named in case documents
Places
Where this case took place
Joseph Heatly was an engineer who became insolvent before he could complete a projected coal-work outside of Glasgow. His estate being sequestered. His trustees put Heatly's funds and their own private capital into completing this coal work, projecting that the profits from the venture would more than pay back Heatly's debts and the expenses of its founding. John Anderson, one of Heatly's creditors, believed the trustees had neither the background nor the aptitude to manage a coal-work, and did not expect that this undertaking would result in him receiving the debt owed to him. He brought a summons and executed an inhibition against the trustees. In response the trustees petitioned the Court to have this inhibition suspended. Lord Kennet granted a sist (judicial stay) on the inhibition, "till the bill and answers should be advised." Because of this sist the inhibition was not recorded or executed within forty days, but the trustees feared that Anderson would file another one. They petitioned the Court to rule that Anderson could not execute an inhibition against the trustees of Heatly's estate. The Court dismissed this petition.
