Creditors of Angus Fisher v. The Creditors of Patrick Campbell, and Others

Angus Fisher, merchant of Inveraray, borrowed some £600 sterling from the Old Ayr Bank. Captain James Campbell, Patrick Campbell of Knap, Gillies of Duchra, and Ochiltree of Lindsaig served as joint-cautioners. At the same time Angus Fisher had other outstanding debts, including one held by Mrs. Sarah Ranken. Both Captain Campbell and Mrs. Ranken were granted heritable bonds of relief over the lands of Auchindrain for payment and security. In December 1771, the Old Ayr Bank demanded repayment. Angus Fisher had died insolvent, as had Gillies of Duchra. Campbell of Knap, Ochiltree, and their creditors, gave Captain Campbell £230 each, and he then reimbursed the bank in full. All the joint-cautioners had arranged that the heritable bond held by Captain Campbell would be used to reimburse all cautioners and their creditors. Mrs. Sarah Ranken and other creditors of Angus Fisher objected to this arrangement, claiming that the income from the property should instead be used to pay other creditors who held heritable bonds against Auchindrain. In 1778 Lord Hailes pronounced that Captain Campbell's co-cautioners were indeed entitled to a residuary security from the property. Ranken and other creditors of Fisher then petitioned the Court, arguing that the heritable bond was held personally by Captain Campbell and could not be used to reimburse the other co-cautioners. The Court repelled her objection.