Scottish Court of Session Decisions

Subject_1 BANKRUPT.
Subject_2 DIVISION V.

Decisions upon the clause of the Act of 1696, declaring Heritable Bonds, &c. to be held as granted of the dates of the Sasines taken upon them.

Johnston
v.
Burnet and Home

Date: 29 January 1751
Case No. No 265.

A security for a novum debitum found not to fall under the clause of the act 1696, relative to the date of the sasine.

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Thomson had a credit from the British Linen Co. for which he and Home granted bond to the Company; and, of the same date, Thomson and Burnet gave a bond of relief to Home, in which he disponed to him certain subjects in security of his relief: on which Home took infeftment. A prior creditor of Burnet's pursued reduction of this heritable bond, on the ground, that, before Home's infeftment, Burnet had been rendered notour bankrupt in terms of the act 1696; and, by that statute, the bond must be considered as of the date of the sasine. Answered, The clause in the statute, declaring dispositions by bankrupts to be held as of the dates of the sasines, concerns only securities granted to prior creditors, but does not affect nova debita, such as the present.—— The Lords assoilzied from the reduction.

See The particulars of this case, No 200. p. 1130.

Fol. Dic. v. 3. p. 67.