Date of Decision: 30 Jun 1773
Abstract: Andrew Wilson, writer in Bo'ness, died with debts owed to creditors. His eldest son James Wilson sought to pay off the debts by a judicial sale of a tenement in Bo'ness, owned by the father. The pursuers and defenders in this case are competing creditors. Pursuers Murdoch and Millar (alternatively spelled "Miller") claim rightful ownership of the tenement based on a heritable bond dating back to Andrew Wilson's purchase of the tenement. In 1725 Wilson granted a heritable bond to two merchants in Edinburgh, who then assigned their interests to Peter Murdoch and William Millar, the fathers of the pursuers. The defenders, on the other hand, assert an interest in the tenement based on a separate creditor proceeding ("decree cognitionis causa") brought against Andrew Wilson through his heir James. The defenders also argue that, because Andrew Wilson never properly infefted in the tenement, the pursuers do not have a superior claim to the property.
Subjects: Competition, Debt, Ranking of Creditors

Published Report

Not Reported

Litigants

Defender:
Alexander Home
Alexander Scott
Alexander Home, Grandnephew, heir, and disponee of Alexander Home, Esq.
Pursuer:
John Murdoch, Son and disponee of deceased Peter Murdoch
James Millar, Son and heir of deceased William Millar

People or Organizations Associated with Case

Advocate for Defender:
David Armstrong
Robert McQueen
Janet Drummond, Tutrix for Alexander Home
Named in case documents:
Andrew Wilson, Debtor
James Wilson, Son of Andrew Wilson; seeks to settle father's debts
Lord Ordinary:
James Veitch, Lord Elliock
Advocate for Pursuer:
Sir Ilay Campbell, of Succoth
William Craig

Organizations

Case Locations (People)

Case Locations (Case)

Case Documents