1782
This case was about whether creditors could be ranked for the penalties specified in heritably secured bonds. The affected creditors argued that they should be ranked for the penalties to the extent of their actual expenses. They further argued that the court had previously used its equitable powers to limit recovery with respect to penalty provisions, but not foreclosed recovery altogether. The respondents contended that creditors could never be ranked for penalties.
Documents in this case (1)
- Ranking of the Creditors of Jarvieston — memorial, 22 Jun 1782June 22, 1782 Memorial of James Ballantyne, Dr Thomas Young, and Miss Isabella Edmonston, arguing that creditors infeft for penalty are entitled to preference to the extent of real expence
People & places in this case
People involved
- James Ballantyne — Petitioner
- Dr. Thomas Young — Petitioner
- Isabella Edmonston — Petitioner
- Matthew Ross, of Candie — Advocate for Petitioner
- Robert MacQueen, Lord Braxfield — Lord Ordinary
- George Nicolson, of Jerviston — Named in case documents
- James Edmonston, of Ednam — Named in case documents
Published Reports
William Morison, The Decisions of the Court of Session (1811), pg. 14132, , pg. 3797
