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Scottish Court of Session Decisions >>
Peter White and Others, v Alexander Christie. [1781] Mor 11853 (31 January 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor2811853-021.html Cite as:
[1781] Mor 11853
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Christie having been appointed factor on the sequestrated estate of James Small, a bankrupt tenant, but who likewise exercised the trade of a wright, and employed servants in both these capacities; applied to the Court by petition, preying them to authorise a division of the funds among the several creditors, particularly, the landlord, the farm-servants, and the mechanical servants.
It had been found, by the above decision which the Court ordered to be inserted in the books of sederunt, 23d January 1779, “That the wages due to such servants of a bankrupt-tenant as are kept for the purposes of the farm, are privileged debts on the price of the bankrupt's effects, and are preferable to arresters.” And the factor desired to be certified, whether this bankrupt's mechanical servants were not entitled to a similar preference upon the materials of his handicraft.
The Lord Ordinary on the bills, to whom this application was remitted, “Found, that, on the proceeds of the stocking, the landlord was preferable, primo loco, the labouring servants preferable, secundo loco, to the extent of a half a year's wages; but that the servants, the artizans, were only to be ranked as common creditors.”
A petition reclaiming against this judgment, was refused by the Court without answers.
Lord Ordinary, Hailes.Act. Macleod.
Fol. Dic. v. 4. p. 142. Fac. Col. No 24. p. 45.
