James Dunlop Jr. incurred substantial debts, in which his father, James Dunlop of Garnkirk, became jointly bound. In 1763, James Jr. became insolvent and transferred his effects to Alexander Spiers, and others, as trustees for his creditors. To protect James Sr., several friends, including Thomas Dunlop, purchased the debts for which James Sr. was jointly liable. To secure these debts, James Sr. granted the friends a bond over his estate; he subsequently conveyed the estate to them in trust, subject to certain provisions for his children. As a result, Thomas Dunlop et al. were creditors with respect to the joint debts, as well as trustees of James Sr.’s estate. In 1772, Spiers et al. advertised a dividend from James Jr.’s estate and invited creditors to submit their claims. Thomas Dunlop et al. submitted a claim but were refused; they then sued. Spiers et al. argued that the refusal was justified because James Sr.’s marriage contract promised the entire estate of Garnkirk to James Jr. Therefore, according to Spiers et al, Thomas Dunlop et al. should collect payment from the estate that they already controlled. Further, Spiers et al. argued that James Sr.’s trust disposition required the same result. However, Thomas Dunlop et al. argued that as creditors, they were entitled to attack James Dunlop Jr. for payment. On June 26, 1776 the Court determined the pursuers as creditors of Dunlop, junior were entitled to be ranked along with his other creditors. On July 31, 1778 they limited the amount the pursuers could draw upon Dunlop, junior's estate, however they reversed this ruling on November 28. The defenders then petitioned the Court to alter their last interlocutor. The issue of the marriage contract was eventually resolved in Alexander Spiers and Others v. Thomas Dunlop and Others.

Locations

Session Papers

Information

Information for Thomas and Colin Dunlops, Alexander Houston, and James Ritchie, Merchants in Glasgow, and Colin Rae of Little Govan, all Creditors of James Dunlop junior, late Merchant in Glasgow, Pursuers; against Alexander Spiers, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trust-Disponees of the said James Dunlop junior, for Behoof of his Creditors, Defenders

14 Dec 1775
Information

Information for Alexander Speirs, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the Creditors of James Dunlop younger of Garnkirk, late Merchant in Glasgow, Defenders; against Thomas and Colin Dunlop, Alexander Houstoun, and James Ritchie, Merchants in Glasgow, and Colin Rae of Little Govan, Trustees appointed by the deceast James Dunlop elder of Garnkirk, Pursuers

16 Dec 1775
Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of Alexander Speirs, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the Creditors of James Dunlop younger of Garnkirk, late Merchant in Glasgow

9 Jul 1776
Answers

Answers for Thomas and Colin Dunlops and James Ritchie Merchants in Glasgow, and Colin Rae of Little Govan, all creditors of James Dunlop, jun. late Merchant in Glasgow, Pursuers; to the Petition of Alexander Speirs, Andrew Blackburn, and Andrew Syme, Merchants in Glasgow, Trustees for the creditors of the said James Dunlop, jun. Defenders

27 Jul 1776
Petition Unto the Right Honourable the Lords of Council and Session, the Petition of Alexander Speirs, Andrew Blackburn, and Andrew Syme, Trustees for the Creditors of James Dunlop junior, late Merchant in Glasgow 8 Dec 1778
Answers Answers for Thomas Dunlop, James Ritchie, James Dunlop, and Andrew Houston, Merchants in Glasgow, and Colin Rae of Little Govan, Creditors of James Dunlop junior, late Merchant in Glasgow ; to the Petition of Alexander Spiers, Andrew Blackburn, and Andrew Syme, Trustees for the Creditors of the said James Dunlop 31 Dec 1778

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