Date of Decision: 1772
Abstract: Alexander Sutherland of Kinminity granted a bond to the late Alexander Gordon of Garty. Gordon used this bond as collateral in dealings with other persons. Pursuer Elizabeth Ker's late husband, James Ker, was one of Gordon's creditors. Ker sought to collect on the bond, and he obtained for himself, and as assignee for behoof of certain other persons, a decree of adjudication against Alexander Gordon's son. Elizabeth Ker now seeks to collect on the bond on her late husband's behalf. Creditors of Sutherland, including George Dunbar, also seek to collect on the bond. At issue is whether Ker's claim will be treated pari passu (on equal footing) with the claims of Sutherland's creditors, such George Dunbar. Elizabeth Ker maintains that her husband's adjudication was timely, within a year and a day of another creditor's adjudication, so she should be ranked in her due order of preference. The creditors of Sutherland maintain that they have priority over Ker.
Subjects: Debt, Estate, Ranking of Creditors

Published Report

Not Reported

Litigants

Pursuer:
Elizabeth Ker, Wife of and trustee for James Ker
Defender:
George Dunbar, Creditor of Alexander Sutherland

People or Organizations Associated with Case

Named in case documents:
James Ker, Husband of Elizabeth Ker
Alexander Sutherland, Granted bond to Alexander Gordon of Gartie, his heirs, and assignees
Alexander Gordon, Received bond from Alexander Sutherland of Kinminity, father of Alexander Gordon
James Morison, Provost , Creditor of Alexander Sutherland
Advocate for Pursuer:
William Craig, Lord Craig
Advocate for Defender:
John Douglas