Who may apply for sequestration of a bankrupt estate, and for a factor?
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Sir James Hall of Dunglass, George Baillie of Jerviswood, and other creditors of Sir Alexander Bruce of Broomhall, and Alexander Bruce, his son, gave in a petition to the Lords, representing, That Sir Alexander had obtained a protection against his creditors in Parliament, on deponing he had no means wherewith to pay them; and Alexander being in prison, had raised a cessio bonorum, and yet both of them were in possession of the lands of Broomhall, and had bought in the preferable rights both on it and Dairsie, in the names of extraneous confident persons; and therefore craved the rents might be sequestrated, and a factor put in for the creditors' behoof. The Lords refused the desire of the bill, in regard they were but personal creditors, and there was no ranking depending; and none but real creditors could seek summarily to dispossess the debtor. But, the very next day, Carmichael of Maulsley, Colonel Erskine, and other real creditors of Broomhall, presented a new bill, craving a factor to be put in at their instance; which the Lords remitted to one of their number to hear the parties thereupon.
Fol. Dic. v. 2. p. 366. Fountainhall, v. 2. p. 168.
