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URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor2811773-095.html
Cite as: [1693] Mor 11773

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[1693] Mor 11773      
Subject_1 PRISONER.
Subject_2 SECT. II.

Cessio Bonorum.

-
v.
Graham

Date: 20 January 1693
Case No. No 95.

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Betwixt ——— and George Graham merchant, who since his cessio bonorum granted a bond of corroboration to one of his former creditors contained in the cessio; and he having incarcerated him, he craves to be liberated on his former decreet of bonorum quoad him. The Lords found his granting this new bond, (though only in corroboration) was a passing from his privilege of cessio bonorum quoad him; else what could the clause of registration for execution signify? and that he behoved to take a new decreet.

 Fol. Dic. v. 2. p. 172. Fountainhall, v. 1. p. 549.

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/Mor2811773-095.html