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Darleith, &c. v Bruce of Kinnaird. [1694] Mor 11773 (13 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor2811773-097.html
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His reason of suspension was, to be free of personal execution, because his estate was sequestrated for the behoof of his creditors; and they being in possession, cannot trouble his person. The Lords repelled the reason, unless they would say, that the creditor-charger was in possession and payment of his whole annualrents; though some thought this was not enough, unless he was also paid of his principal sum. Yet the act 1672, anent adjudications, frees the debtor's person, if he has put his creditors in possession, and delivered a progress of writs, and ratified this right. But if the pretence of estates being under factories were enough, it would be a protection to the most part of the bankrupts in Scotland.
Fol. Dic. v. 2. p. 173. Fountainhall, v. 1. p. 650.
