Scottish Court of Session Decisions

Subject_Right in Security—Principal and Agent.— Headnote:

In the ranking and sale of Sheriffmuirlands and others, belonging to William Stirling Glas, Alexander Gordon, residing at Myless, in the county of Essex, claimed on a heritable bond and infeftment for £6000. The common agent in the ranking objected to this claim, alleging that the contents of the bond had not been duly received and applied for behoof of the debtor, and that Gordon had not acted in bona fide. A special question arose out of these allegations, and, as it appeared that Gordon had advanced the money and been duly infeft, and that he had not acted in mala fide, the Court sustained his claim of preference, and found him entitled to expenses out of the common fund. It appeared that the alleged misapplication of the loan was not attributable to Gordon, or to a party, for whose actings, as to that matter, he was legally responsible.