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[1693] 4 Brn 100      

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

-
v.
His Creditors

Date: 9 December 1693

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In a cessio bonorum, sought by ——— in Ayr, the Lords would not liberate the bankrupt; because it appeared, from his oath, that he had given an assignation, since he was incarcerated, to Mr Blackwood, one of his creditors, of forty pounds Scots, yet due to him as his waiter's fees; which being a contravention, to the prejudice of other creditors, he behoved to remain, unless his assignee would renounce his right, and make it forthcoming to all his creditors, equally amongst them.

Vol. I. Page 577.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040100-0231.html