HENRY DAVID, EARL of BUCHAN, v JAMES ROSE & Ors, (Trustees for his Lordship's Alimentary Creditors (Court of Session)

Other creditors having also arrested, and the Earl having applied for payment of his half-year's annuity, payable in advance, at Whitsunday 1834, Mr Monypenny raised a multiplepoinding, the fund in medio being L.750, then payable, under certain deductions admitted by the parties.

The Earl of Buchan claimed to be preferred to the whole fund, as being the person exclusively entitled to payment of the alimentary annuity, and also as having incurred, in consequence of the arrestments, alimentary debts on account of himself and his family, during the subsequent half year, and which alimentary debts, so incurred, amounted to more than the fund in medio.

Auchie and Brown claimed to be preferred primo loco for L.119, being the price of furniture to the Earl at different periods betwixt December 1832 and January 1834, and for which they had used arrestments on 15th May 1834; or, at all events, to be ranked pari passu with other alimentary creditors. The Earl answered, that the demands applied to periods prior to Whitsunday 1834, and much of them prior to Whitsunday and Martinmas 1833.

Alexander Finlay, baker, claimed to be preferred for the balance of an account for which he had got decree on 14th February 1834, on which he raised horning and arrestment on 14th May 1834.

Messrs Rose, Forbes and Marshall, as trustees for the alimentary creditors, and for Davidson and others, acceding creditors to the trust, claimed to be preferred primo loco to the extent of L.350, assigned by the trust-deed; or to the whole fund, in virtue of their arrestments. The Earl answered, that he had recalled the trust, by letter dated 10th June 1834, and the debts were not alimentary.