Date of Decision: 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, argue to find that the adjudication to Messrs. Murdoch and Miller, is void and null. Pursuers assert an interest in the tenement based on a separate creditor proceeding ("decree cognitionis causa") brought against Andrew Wilson through his heir James. Thus, the pursuers do not have a prefer right on the sum in medio and should be ranked pari passu with Defenders.
Subjects: Competition, Debt, Ranking of Creditors

Published Report

Not Reported


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

People or Organizations Associated with Case

Advocate for Pursuer:
Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth
William Craig, Lord Craig
Advocate for Defender:
David Armstrong, of Kirtleton
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
James Hardie, Possessed a tenement of houses in the town of Borrowstounness
Lord Ordinary:
James Veitch, Lord Elliock


Case Locations (People)

Case Locations (Case)

Case Documents