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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020586-0982.html

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[1671] 2 Brn 586      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Payments to Bankrupts

Date: 18 November 1671

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Quæritur, If a man may lawfully pay a sum owing by him to a bankrupt, after he knows the man to be bankrupt. If he have a decreet of bonorum, and so has disponed all his goods to his creditors; or if any creditor has arrested it, then it is out of all doubt he cannot safely pay it to the debtor; but the question is, where there is nothing of that. In which case I think he may.

Advocates' MS. No. 263, folio 114.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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