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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon of Buckie v Anderson, &c. [1748] 1 Elchies 490 (6 July 1748) URL: http://www.bailii.org/scot/cases/ScotCS/1748/Elchies010490-013.html Cite as: [1748] 1 Elchies 490 |
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[1748] 1 Elchies 490
Subject_1 TRUST.
Gordon of Buckie
v.
Anderson, &c
1748 ,July 6 .
Case No.No. 13.
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Gordon, as purchaser of the estate of Arradoul, made large payments of part of the price to the creditors ranked, but far within their proportions, till a scheme of division should be made; and among others made a payment to Sir William Gordon of Park, who had adjudged both for himself and as trustee for Helen Anderson and other daughters of Arradoul, upon their bonds of provision, the assignation bearing the trust in gremio, and likewise the adjudication; and having, in place of discharges taken from him, as he did from the other creditors, bills for the sums paid, and Sir William being afterwards attainted of treason, the Lords found that Buckie could not have allowance of any part of the sum so paid out of the sums for which he had adjudged as trustee for them, 8th June last;—and this day adhered, renit. Justice-Clerk, Kilkerran, Dun, and Tinwald; notwithstanding a former decision quoted, 4th February 1732, in the ranking of the creditors of Calderwood of Pittodrie, in the question with the creditors of Merchieston.
The electronic version of the text was provided by the Scottish Council of Law Reporting
