Andrew Scott, John Stark, Richard Stark, William James, and William Craig went bankrupt in 1760. Pursuer, John Watson, became an agent for the creditors of the bankrupt individuals. The bankrupts's estates were adjudged by their creditors and John Watson brought a process of ranking and sale. The creditors were accordingly ranked, with Marion Stark, wife of Andrew Scott, ranked primo loco. Then, defender, Thomas Johnston, a merchant in Glasgow, purchased at a judicial sale some effects of Andrew Scott's estate. This move was designed to help pay some of Scott's creditors, and to make annual payments of a liferent, to Scott's wife. The Defender died without paying the creditors, and his cautioner proved insolvent. Thus, Mr. Watson, Scott's creditors and Mr. Macneil of Callonsay a creditor of Johnston brought a process to sequestrate the subjects originally belonging to Andrew Scoot and purchased by Thomas Johnston. This is a multiple-poinding process where the creditors of the parties related to the bankrupt individuals claimed that Mr. Johnston had left his affairs in very great disorder.
Documents in this case (6)
- Watson — Petition, 22 Dec 1768December 22, 1768 Petition of John Watson of Muirhouse and other creditors asking the Court to remit to the week's Ordinary the power to divide funds from bankrupt estates in terms of prior decreets
- Watson — Petition, 16 Feb 1769February 16, 1769 Petition of the creditors of Andrew Scott asking the Court to alter the interlocutor finding Thomas Johnston liable only to retain part of the price for Marion Stark's annuity
- John Watson, of Muirhouse, Esq; and others v. Thomas Johnston Merchant in Glasgow — Answers, 2 Mar 1769March 2, 1769 Petition of the respondent asking the Court to remit the demand for additional cautioner and security, asserting that the terms of the articles of roup already secure the creditors' claims.
- Watson — Petition, 23 Feb 1771February 23, 1771 Petition of John Watson asking the Court to sequestrate subjects purchased by Thomas Johnston and appoint a factor to levy rents until sale
- Watson — Petition, 19 Jun 1771June 19, 1771 Petition of John Watson of Muirhouse, asking the Court to sequestrate subjects belonging to Andrew Scott, purchased by Thomas Johnston, and now in possession of John M'Kinlay and Matthew Provan, and to app…
- John Watson of Muirhouse, Esq; and others v. John Mackinlay Taylor and Mathew Provan junior — Answers, 27 Jun 1771June 27, 1771 Answers by Messrs. Mackinlay and Provan to the petition seeking sequestration of subjects purchased from Thomas Johnston
People & places in this case
People involved
- John Watson, Esq. — Pursuer
- Thomas Johnston — Defender
- Donald Macneil — Pursuer
- William Craig, Lord Craig — Advocate for Pursuer
- David Armstrong, of Kirtleton — Advocate for Defender
- James Boswell, 9th Laird of Auchinleck — Advocate for Defender
- George Broun, of Coalston, Lord Coalston — Lord Ordinary
- Andrew Scott — Named in case documents
- Marion Stark — Named in case documents
- John Stark — Named in case documents
- Richard Stark — Named in case documents
- James Craig — Named in case documents
- William Craig — Named in case documents
- John Mackinlay — Named in case documents
- Mathew Provan, Junior — Named in case documents
- Baillie William Craig — Named in case documents
Places
- Glasgow (principal)
Where this case took place
Andrew Scott, John Stark, Richard Stark, William James, and William Craig went bankrupt in 1760. Pursuer, John Watson, became an agent for the creditors of the bankrupt individuals. The bankrupts's estates were adjudged by their creditors and John Watson brought a process of ranking and sale. The creditors were accordingly ranked, with Marion Stark, wife of Andrew Scott, ranked primo loco. Then, defender, Thomas Johnston, a merchant in Glasgow, purchased at a judicial sale some effects of Andrew Scott's estate. This move was designed to help pay some of Scott's creditors, and to make annual payments of a liferent, to Scott's wife. The Defender died without paying the creditors, and his cautioner proved insolvent. Thus, Mr. Watson, Scott's creditors and Mr. Macneil of Callonsay a creditor of Johnston brought a process to sequestrate the subjects originally belonging to Andrew Scoot and purchased by Thomas Johnston. This is a multiple-poinding process where the creditors of the parties related to the bankrupt individuals claimed that Mr. Johnston had left his affairs in very great disorder.
