[Court of Session—Second Division.]

JurisdictionScotland
CourtCourt of Session (Inner House - Second Division)
JudgeLord Cringletie. B
Judgment Date17 Jan 1823
Docket NumberNo. 122.
Court of Session
Second Division

Lord Cringletie. B.

No. 122.
A. Pagan and Others
and
W. Eaton and Others, (Trustees of J. Campbell)

Trust-Deed—Jus Quæsitum Tertio.

Campbell executed a trust-deed of part of his heritable property, in favour of the defenders, chiefly with the view of raising money to stock a farm for his son, but bearing to have for its first object, “ to pay off all his “ lawful debts,”—to do which, the trustees were empowered to sell the lands. The trustees were infeft, and their recorded,—and Campbell's affairs having become embarrassed, they, several times, advertised for meetings of his creditors. No creditor, however, appeared, or made any claim on the trustees, or acceded to the trust, and the greater number of them had accepted renewals of their obligations from Campbell subsequently to the date of the trust-deed. Campbell having, at last, become quite insolvent, Pagan and others, his creditors, brought an action of count and reckoning against the trustees, who, on their part, raised a multiplepoinding, which processes were conjoined. The creditors objected to the accounts of the trustees, that they had paid out of the trust-funds to Hunters and Company, bankers, the amount of certain bills which had been originally granted by Campbell to Kennedy (one of the trustees) in payment of rent, and which Kennedy had indorsed to Hunters and Company; and they contended, 1. That the registration of the infeftment of the trustees vested a right in the creditors, under the trust-deed, which the trustees were not entitled to affect by a preference of any individual creditor; and, 2. That Hunters and Company having merely come into the place of Kennedy, one of the trustees, payment to them was the same thing as if payment had been made by the trustees to one of...

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