| Alexander Melvil v. James Barclay |
23 Jan 1779
|
Currente Termino, Ranking of Creditors, Arrestment, Void Poinding |
This case concerns a competition between Alexander Melvil and the other creditors of James Davie, brewer in Cupar, whose affairs went into disorder in the summer of 1775. Davie's moveable effects were sold by public roup (auction) that September, under the authority of the Sheriff of Fife. Alexander Melvil had previously executed a void poinding on these effects and entered a claim to them on this basis, which the Sheriff rejected. After the poinding was carried out by Robert Stark, the sequestrator, Melvil contested the goods once again. On August 5, 1777, Lord Braxfield found Melvil's claims to the goods preferable to Davie's other creditors and servant's wages. The other creditors of Davie then petitioned the Court to review Braxfield's interlocutors. In addition to asking the court to deny Melvil's claim, they also argued that the wages of James Barclay, late servant to James Davie, formed a disadvantage case, and should be given preference. The Court ruled that wages were to be considered privileged debts, and preferable to Melvil's claim. |
