Case originated with debt due by the bankrupt fugitive Walter McFarlane, stabler in the Canongate, to Cunningham and Simpson. Other Creditors, but not including Cunningham and Simpson gathered and decided to have Walker and Smith auction off Mcfarlane's assets. Cunningham and Simpson challenged the right of Walker and Smith to claim the goods in order to pay off creditors. Cunningham and Simpson succeeded in claiming expenses from Walker and Smith.

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