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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown, (Clerk) v Mansfield. [1735] 1 Elchies 158 (28 January 1735) URL: http://www.bailii.org/scot/cases/ScotCS/1735/Elchies010158-002.html Cite as: [1735] 1 Elchies 158 |
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[1735] 1 Elchies 158
Subject_1 FRAUD.
Brown, (Clerk)
v.
Mansfield
1735 ,Jan .28, June 13, 17 .
Case No.No. 2.
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This case was, that Mansfield had used horning, and another charged on an inferior Judge's precept, and the common debtor had disponed to this last and other trustees for the behoof of all his creditors, which was quarrelled by Mansfield and reduced by the Lords upon the act 1621 as to all creditors who had not done diligence; and the question now was, Whether the charge upon the precept could sustain the disposition quoad that creditor? The Lords demurred and delayed the decision.—13th June. —The Lords, 17th June, found the disposition reducible in toto quoad those who had used the diligence upon the precepts as well as the rest,—unanimously.
The electronic version of the text was provided by the Scottish Council of Law Reporting