Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 COMMISSION OF BANKRUPTCY IN ENGLAND, WHAT EFFECT IT HAS IN SCOTLAND.

Vasie
v.
Glover

Date: 7 August 1776

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“The Lords find, that Messrs Glover, &c. assignees under the commission of bankruptcy awarded against Bedford and Son, have a right of action, entitling them to recover the bankrupts’effects in Scotland, and to compete for the same: and further, find, That Robert Vasie of Hexam, an Englishman. claiming under an English debt, and having already drawn a dividend of the bankrupt’s effects on account of said debts, under the said commission, is barred from competing with the assignees, or claiming preference on his arrestments produced; 24th January 1776, Vasie against Glover, &c.; adhered to as to the first point, 13th June 1776; memorials ordered, as to the second point, 7th August 1776; adhered to, as to the second point also.”

Same day determined a similar point on a hearing, Parish against Khone, &c. with regard to the effects of a Bremen merchant in Scotland. The creditor, having acceded to the trust right prescribed by the law of Bremen, was barred from competing with the trustees in Scotland.