Robert Wither, a merchant in Stranraer, died in 1763, leaving many debts to his creditors. Thomas Naismith was one of Wither's creditors. Naismith was selected by the group of Naismith's creditors to manage the affairs of Wither's estate and organize payments to Wither's creditors. Alexander Kennedy of Ayr was one of Wither's creditors. Before Kennedy was paid by the Wither estate, his own affairs went into disorder. Two of Kennedy's creditors, Robert Muir and Fisher and Bannatyne, pursued arrestments in the hands of Mr. Naismith for the sums due by Wither to Kennedy. Pursuer William Allison was an agent for Kennedy's creditors. Naismith and Allison disputed the management of Wither's estate.

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