[Court of Session—1st Division.]
| Jurisdiction | Scotland |
| Judge | Lord Meadowbank,Lord Balgray,Lord President,Lord Craigie |
| Judgment Date | 20 November 1828 |
| Docket Number | No. 21. |
| Court | Court of Session (Inner House - First Division) |
| Date | 20 November 1828 |
Lord Meadowbank, Lord Balgray, Lord President, Lord Craigie
Triennial Prescription.—
The estates of Robert Hutton, tenant of the coal belonging to the town of Dunfermline, after having been managed under a private trust, were sequestrated on the 1st of July 1807, and John Wilson appointed interim factor; on which occasion the creditors “recommended to the factor to carry on the Dunfermline Colliery, in the same manner as it had been done under the voluntary trust, till a trustee is chosen under the statute.” He was afterwards elected trustee, and was directed by the creditors “to proceed in the management as heretofore,” and in particular to get the machinery put into a proper state. A person of the name of Geddes was employed to act as overseer and manager of the colliery, which was carried on by the creditors for some time.
Between May and December 1810, the pursuers Buchanan and Paterson furnished several quantities of wood, by the order of Geddes, to the extent of £64:5: 2, for the use of the colliery, but which was reduced to £58:2: 10 by coals being delivered to them. Wilson resigned in January 1811; and Parker having been elected trustee, the colliery was soon afterwards sold by public roup. At a meeting held by the creditors on the 2d of March 1811, they resolved, “that in order to ascertain the claim of advances made, and engagements come under by the trustee, commissioners, and principal creditors, for carrying on the colliery, it will be advisable to lay the state of the trustee's intromissions, with the whole claims upon the estate, before an accountant in Edinburgh, in order to allocate and proportion these amongst the concerned; and that William Wotherspoon, accountant in Edinburgh, should be named to investigate and examine the whole remaining claims upon the estate, and to allocate the same upon the different creditors.”
A report was accordingly framed by Wotherspoon, in which there was an entry of the debt due to the pursuers under the head of expenditure or loss, and under another branch it was, with other debts, allocated upon the creditors respectively. This report brought the state of affairs down to the 31st of December 1812. Thereafter Parker resigned; and Wotherspoon, having been elected trustee, brought an action against several of the creditors who had been ranked on the estate, concluding for their respective shares of...
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