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John Mathison, drover, bound for England with a drove of cattle belonging to himself, took the trust of another drove belonging to James M'Beath, which he undertook to sell upon his own account. Mathison dying in England, while a part of this drove remained on hand unsold, Robert Gordon, his fellow drover, disposed of the cattle, took up what money belonged to the defunct, and, after paying his funeral charges, &c. returned to Scotland with £.130, ready to be delivered to those having best right. In a competition betwixt an executor-creditor of the defunct's and the said James M'Beath, the Lords found the money lying by Mathison at his death, and intromitted with by Robert Gordon, and also the price of the cattle sold and received by Robert Gordon after Mathison's death, was presumed to be the price of M'Beath's cattle so far as extended to the value of the same, and not in bonis of Mathison; and therefore preferred M'Beath to the executors-creditors of Mathison. See Appendix.
