Roberts v Wallace
| Jurisdiction | Scotland |
| Judgment Date | 28 July 1842 |
| Date | 28 July 1842 |
| Docket Number | No. 4 |
| Court | Court of Session (Inner House - Second Division) |
Jury Causes. Lord Justice-Clerk
Bankrupt—Sequestration—Possession.—1.
WILLIAM ROBERTS, trustee upon the sequestrated estate of Thomas Inches, cattle-dealer, raised action against Alexander Wallace and John Douglas, on the ground that, subsequent to the sequestration, they had taken possession of and sold farm stocking, and other personal effects, the property of Inches; and had entered into possession of farms of which he was tenant, and intromitted with and appropriated the proceeds and profits; and that, within sixty days of the sequestration, they had pointed certain turnips and farm stocking, the property of Inches.
The defenders pleaded, that as cautioners for the composition payable by Inches, for his discharge of a previous sequestration, they had obtained an assignation of Inches' whole estate, heritable and moveable, which assignation was followed by delivery and an instrument of possession; but that, in order to avoid an irritancy of the leases, he had remained in the management of the farms and possession of the stocking, the proceeds of the farm being applied pro tanto in payment of the composition.
The following issues were sent to trial:—
‘It being admitted that the estate of Thomas. Inches, some time cattle-dealer at Beechhill, and tenant of the farms of Beechhill, Boatlands, and Kemphill, was sequestrated upon the 16th December 1837, and that the first deliverance of the Court on the petition for sequestration was on the 28th November 1837, and that the pursuer is trustee on the said sequestrated estate.
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‘1. Whether, after the date of the said first deliverance, the defenders, or either of them, took possession of, and, in whole or in part, sold the farm stocking and other personal effects, the property of the said Thomas Inches; and whether, in respect thereof, the defenders, or either of them, are indebted, and resting-owing to the pursuer, as trustees foresaid, in the sum of £1000, or any part thereof, with interest thereon?
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‘2. Whether, after the date of the said first deliverance, the said Thomas Inches was in right, as tenant, of all or any of the said farms; and whether the defenders, or either of them, entered into possession of all or any of the said farms, and intromitted with and appropriated, the proceeds and profits thereof; and whether, in respect thereof, the, defenders, or either of them, are indebted and resting-owing to the pursuer in...
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