This case was about the standing of an individual creditor to raise objections regarding a judicial sale, where a trustee had been appointed to act for the creditors' common interest. Thomas Fairholm and Adam Fairholm became bankrupt and conveyed their estate to Ludovick Grant, who was appointed trustee for the Fairholms’ creditors. All of the creditors acceded to this arrangement. Grant then obtained a heritable bond over lands belonging to Samuel Garbet, Francis Garbet, and Charles Gascoigne, who were Fairholm’s major debtors, and pursued a judicial sale based on that bond. However, Helen Ferrier, a creditor of the Fairholms, objected that certain lands had been omitted from the sale. In particular, Ferrier argued for the inclusion of lands to which Gascoigne had renounced his liferent rights after the proceeding commenced. In response, Grant and the other creditors claimed that the disputed lands were of no value. They also argued that Grant, as trustee, held all rights to the creditors’ debts and to the bond upon which the sale was based, and therefore that he was the only person entitled to take action on them. Similarly, they argued that only Grant, as pursuer of the sale, had standing to object to the omission of the lands. Ferrier responded that Grant held the debts and the bond for the benefit of the creditors, and that she, as a creditor, was also entitled to rely on them.


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