Date of Decision: 24 Jul 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 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. Elizabeth Ker maintains that her husband's adjudication was timely, within a year and a day of another creditor's adjudication. 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:
Alexander Gordon, Received bond from Alexander Sutherland of Kinminity
James Ker, Husband of Elizabeth Ker
Alexander Sutherland, Granted bond to Alexander Gordon of Garty
Advocate for Pursuer:
William Craig
Advocate for Defender:
John Douglas