BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Nicholas and Burn, and their Factor, v The Archbishop of Glasgow. [1677] Mor 8369 (21 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor2008369-055.html Cite as:
[1677] Mor 8369
Whether litigiosity bars payment, and other acts of ordinary management.
Nicholas and Burn, and their Factor, v. The Archbishop of Glasgow
Date: 21 November 1677 Case No. No 55.
Click here to view a pdf copy of this documet : PDF Copy
Tarbot being debtor to Hector M'Kenzie, suspends on double-poinding against an arrester and assignee. The Archbishop alleged, That though his arrestment was posterior to the intimation of the assignation, yet he denouncing Hector before the making the assignation, he could not make it to his prejudice. The Lords preferred Nicholas, &c. assignees, because their assignation was for satisfaction of a just debt, whereupon prior diligence by denunciation was done before the Archbishop's.
Fol. Dic. v. 1. p. 556. Fountainhall, MS.
*** Stair's report of this case is No 152. p. 1060, voce Bankrupt.
