Robert Wither, a merchant in Stranraer, died in 1763, leaving many debts to his creditors. Pursuer Thomas Naismith was one of Wither's creditors. Naismith was selected by the group of Naismith's creditors to manage the affairs of Wither's estate and organize payments to Wither's creditors. Alexander Kennedy of Ayr was one of Wither's creditors. Before Kennedy was paid by the Wither estate, his own affairs went into disorder. Two of Kennedy's creditors, Robert Muir and Fisher and Ballantine, pursued arrestments. Defender William Allison is an agent for Kennedy's creditors. Naismith and Allison are now in a dispute about the management of Wither's estate.