Date of Decision: 5 Mar 1776
Abstract: In 1759, William Belchier purchased the estate of Grange in Scotland. Belchier died without children, leaving his estate to his older brother, John Belchier, in liferent and to his nephew, James-William Belchier, in fee. Several creditors of the decedent William Belchier brought actions of constitution and adjudication against his estate. Defenders Charlton Palmer and William Walker, creditors of William Belchier, sought a sale of William Belchier's estate and a ranking of the creditors. (The defenders mistakenly brought the action only against the liferenter, John Belchier, but later amended the action to include the apparent heir, James-William Belchier.) To expedite the process and reserve some of the estate for themselves, the pursuers also brought an action for the sale and ranking of the estate. This led to a dispute concerning which action—the creditors' or the apparent heirs'—should proceed.
Subjects: Ranking and Sale, Debt, Estate

Published Report

Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 693

People or Organizations Associated with Case

Lord Ordinary:
Robert Bruce, of Kennet, Lord Kennet
Sir David Dalrymple, Lord Hailes, 3rd Baronet of Nova Scotia
Named in case documents:
William Belchier, Decedent
Samuel Belchier, Brother of Decedent
John Belchier, Newphew of Decedent
George Thomson, of Shrewsbury, Creditor
Frances Belchier, Widow of Decedent
James Haughton Langston, Creditor
Advocate for Pursuer:
John Swinton