1773DebtCompetitionRanking of Creditors

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 were 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 argued the adjudication to Messrs. Murdoch and Miller was null and void. The pursuers asserted 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 claimed they should be ranked side by side with Defenders.

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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 were 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 argued the adjudication to Messrs. Murdoch and Miller was null and void. The pursuers asserted 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 claimed they should be ranked side by side with Defenders.

Locations

Session Papers

Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of John Murdoch Merchant in Glasgow, Son and Disponee of the deceased Peter Murdoch Merchant there, and James Millar, Son and Heir of the deceased William Millar Merchant in Glasgow

 		14 Jul 1772
Answers

Answers for Alexander Home, Esq; late of Manderston, and Alexander Scott, Merchant and late Baillie in Edinburgh; to the Petition of John Murdoch, Merchant in Glasgow, Son and Disponee of the deceast Peter Murdoch, Merchant There, and James Millar, Son and Heir of the deceast William Millar, Merchant in Glasgow

 		26 Oct 1772
Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of Alexander Home, grandnephew, heir, and disponee of Alexander Home, Esq; late of Manderston, and Janet Drummond, as tutrix appointed by the said Alexander Home, and Alexander Scott, merchant, and late bailie in Edinburgh

 		12 Jan 1773
Answers

Answers for John Murdoch Merchant in Glasgow, Son and Disponee of the deceased Patrick Murdoch Merchant there, and James Millar, Son and Heir of the deceased William Millar Merchant in Glasgow; to the Petition of Alexander Home, Heir and Disponee of Alexander Home, Esq; late of Manderston, and Janet Drummond, as Tutrix appointed by the said Alexander Home, and Alexander Scott Merchant, and late Bailie of Edinburgh

 		28 Jan 1773
Petition

Unto the Right Honourable the Lords of Council and Session, the Petition of John Murdoch merchant in Glasgow, son and disponee of the deceased Peter Murdoch merchant there, and William Millar, son and heir of the deceased William Millar merchant in Glasgow

 		11 Jun 1773
Answers

Answers for Alexander Home, grand-nephew, heir, and dispose of Alexander Home of Manderston, and his tutrix, and for Alexander Scott merchant, and late bailie of Edinburgh; to the Petition of John Murdoch merchant in Glasgow, son and dispose of the deceast Patrick Murdoch merchant there, and James Millar, son and heir of the deceast William Millar merchant in Glasgow

 		30 Jun 1773
Note of Authorities

Note of Authorities for John Murdoch Merchant in Glasgow, and James Miller; against Alexander Home, and others

 		27 Feb 1773
Note of Decisions

Note of Decisions for Alexander Home, against Messrs. Murdoch and Miller, relative to the following case

 		1773
Note of Disposition

In the Ranking of Andrew Wilson's Creditors, Messrs Murdoch and Millar Petitioners, Messrs Home and Scott, Respondents, Note of the Disposition by James Hardie to Andrew Wilson and his Spouse, &c.

 		15 May 1718

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