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Scottish Court of Session Decisions >>
Watson v Orr, and Others, Trustees for the Creditors of Patrick Tod. [1769] Mor 1220 (24 February 1769)
URL: http://www.bailii.org/scot/cases/ScotCS/1769/Mor0301220-254.html Cite as:
[1769] Mor 1220
Disposition by a Bankrupt in favour of his whole Creditors.
Watson v. Orr, and Others, Trustees for the Creditors of Patrick Tod
Date: 24 February 1769 Case No. No 254.
The trustees of a person insolvent preferred to arresters, in respect the debtor was not bankrupt in terms of the act 1696.
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A person insolvent, but not bankrupt in terms of the act 1696, disponed his effects to trustees, for behoof of his whole creditors.
After the effects had been reduced into money by the trustees, one of the creditors who had attended their meetings, but had never received any dividend, arrested in the hands of the trustees, and of some of the purchasers from them, and pursued furthcoming.
‘The Lords preferred the trustees, in respect the common debtor was not bankrupt in terms of the act 1696.’
Reporter, Auchinleck.Act. G. Buchan-Hepburn.Alt. Geo. Wallace.
Fol. Dic. v. 3. p. 66. Fac. Col. No 89. p. 340.
