Date of Decision: 15 Feb 1771
Abstract: Petitioners Mansfield, Hunter, Cochran, Murdoch, and Rigg, are creditors of the late John Nisbet of Northfield. Defender, Thomas Cairns, became a preferred creditor of Nisbet through a loan to Nisbet in November 1769. (A preferred creditor has priority to the repayment of a debt over other creditors.) Nisbet granted Cairns a heritable bond. Nisbet later went bankrupt. Petitioners challenge Cairns' status as a preferred creditor. Petitioners maintain that they were creditors of the debtor Nisbet before his arrangement with Cairns, and that they have claims at least on par with Cairns.
Subjects: Bankruptcy, Creditors

Published Report

William Morison, The Decisions of the Court of Session (1811), 14832

Litigants

Defender:
Thomas Cairns

People or Organizations Associated with Case

Advocate for Pursuer:
Robert McQueen
Trustee/Tutor/Representative for Defender:
William Kerr, Agent for Thomas Cairns
Named in case documents:
John Nisbet, Debtor

Organizations