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![handle is hein.slavery/ssactsengr0112 and id is 1 raw text is: 8 LRONACH (LX1 RE) [ 18 38]IIOR,31
whatsoever in applying that law to the present state of the facts. The first ques-
tion is, whether the debtors had appropriated at the time when payment was made,
any part of the sums paid to the liquidation of that debt; and we have no evidence
whatsoever to satisfy our minds that any such attempt at fixing the appropriation
was made by the debtors. Then if this were so, the election remained in the
creditor; and then there can be only one question, which is, whether he had already
made an election: because if he had once made an election, it might be difficult to
say that he had a right to recede from that, and to make a new election. If he had
not made an election according to the doctrine laid down in the books to which I
have referred, he certainly had [310] a right to make that election at the last hour.
We ar of opinion that there is no evidence to show that Campbell, senior, and Co.
had made any election at all, therefore they had a right to appropriate this pay-
ment to the debt not so well secured as the £14,000, which was entitled to the pre-
ference on the mortgage. The result then is this, that Campbell senior, and Co.
are entitled to claim to the extent of £14,000, with interest so far as the interest
is unpaid, pari passu, with the £6000, and interest due thereon, and the effect will
be to reverse the Decree so far as relates to the advances beyond the £6000, and to
affirm it so far as relates to the £14,000.
We shall therefore advise Her Majesty to reverse that part of the Decree which
declared the Respondents, the assignees of Colin Campbell and Co., entitled to rank
pari passu with the Appellants in the not proceeds of the plantation Ridge for the
sum of £50,000, and to declare such claim to be limited to the sum of £6000, the
original mortgage amount with interest from October 1822, and affirm that part
of the decree which allowed the Appellants to rank pari passu for the sum of
£14,000 with the Respondents. The cross-appeal must be dismissed.
[Mews' Dig. tit. INTERNATIONAL LAW, VI. PROPERTY, b. Immovable Property;
also tit. MORTGAGE, K. PAYMENT OFF, 1. a. On point (i.) as to law by which
contract was to be interpreted, cf. Cood v. Cood, 1864, 33 L.J.Ch. 273 ; Water-
house v. Stansfleld, 1851, 9 Hare, 234; 1852, 10 Hare, 254; Mercantile Invest-
ment Co. v. River Plate, etc., Co. (1892), 2 Ch. 303; (ii.) as to appropriation of
indefinite payments in Scots law, cf. Scott's Trs. v. Alexander's Trs. 1884,
11 Rettie, 407; Cuthill v. Strachan, 1894, 21 Rettie, 549; Dougall v. Lornie,
1899, 1 Fraser, 1187.]
[311] ON PETITION FROM THE ISLAND OF GRENADA.
In Re ROBERT STRONACH * [May 14, 1838].
Heard Ex parte.
By the Grenada Colonial Act, No. 250, made in pursuance of the provisions of
the Slave Abolition Act, 3rd and 4th Win. IV. c. 73, the jurisdiction exercised
by the Chief Justice is final and conclusive, and no appeal lies therefrom to
the Queen in Council; but the Judicial Committee in refusing leave to ap-
peal from an order made by the Chief Justice, under the provisions of the
act, suggested a petition to the Crown, through the Secretary of State, for
a reference to them for their opinion on the appeal.
This was a petition for leave to appeal against an order made by the Chief
Justice of the Supreme Court of the Island of Grenada, directing certain altera-
tions to be made in the registry of slaves belonging to the petitioner, by declaring
them non-praedial instead of praedial, and therefore entitled to their freedom on
the 1st of August 1838.
The Petitioner and the heirs of one George Cruickshank, deceased, were the
proprietors of a sugar estate in the Island of Grenada, called The Grand Ance, to
* Present: Mr. Baron Parke, Mr. Justice Bosanquet, Sir John Nicholl, and the
Chief Judge of the Court of Bankruptcy [The Hon. Sir Thomas Erskine].
1023
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