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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Maitland v Sir Robert Miln, and Sir George Hamilton of Barnton. [1694] 4 Brn 138 (3 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040138-0317.html

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[1694] 4 Brn 138      

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

John Maitland
v.
Sir Robert Miln, and Sir George Hamilton of Barnton

Date: 3 February 1694

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In the cessio bonorum pursued by John Maitland against Sir Robert Miln, and Sir George Hamilton of Barnton; after the Lords had advised his oath, and were liberating him, the pursuers offered to aliment him. The Lords refused their offer:—1mo. Because it should have been proponed at the litiscontestation. But of this many doubted. 2do. That it did not appear he had made any fraudulent conveyances, and all the dispositions he had given were only to thir pursuers themselves; and in Murray of Keilor's case, and some others, the Lords admitted the offer of alimenting only for a time, till they could discover what rights and conveyances the bankrupt had made to his creditors' prejudice.

Vol. I. Page 601.

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/1694/Brn040138-0317.html