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, seek a sale of William Belchier's estate and a ranking of the creditors. (The defenders mistakenly brought the action only against the liferent, 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. The parties now dispute 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

Litigants

Pursuer:
John Belchier
James-William Belchier, Son of pursuer John Belchier
John Russell
Defender:
Charlton Palmer
William Walker

People or Organizations Associated with Case

Advocate for Pursuer:
John Swinton
Named in case documents:
William Belchier, Case concerns his estate
Lord Ordinary:
Lord Hailes
Lord Kennet

Organizations