Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. IV.
Who entitled to Propone Compensation and Retention.
Campbell v. Campbell
Date: 11 December 1781 Case No. No 38.
A trustee found not entitled to retain money belonging to his constituent, in payment of a debt due to himself, having received the money qua trustee.
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Ashnish and Silvercraigs, trustees for Campbell of Danna, sold the estate of the latter, which was burdened with certain annuities; and, Silvercraigs being himself a creditor to Danna, prevailed on the purchaser to pay to him and Ashnish that part of the price which he might have retained as the stock corresponding to the annuities, they granting him a bond, obliging themselves to indemnify him from these annuities. On the death of one of the annuitants, a creditor of Danna having arrested in the hands of the trustees, a competition took place in a multiplepoinding betwixt this creditor and Silvercraigs, who insisted, that he was entitled to retain the stock of the annuity, that had fallen, for payment of the debt due to himself.
The Lords found, that the money was in Silvercraigs' hands merely in the character of trustee to Danna, and that he had no right of retention therein. See Appendix.
