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Scottish Court of Session Decisions >>
Shaw v M'Millans. [1685] Mor 1051 (00 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0301051-141.html Cite as:
[1685] Mor 1051
One horning, particularly when not followed by denunciation and registration, held not sufficient to found reduction.
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A disposition omnium bonorum being quarrelled by the disponer's creditors, that had done no diligence, upon this reason, That he was notourly bankrupt, and so could not prefer one creditor to another, as was found in Tarpersie's case, No 28. p. 899.
The Lords sustained the reason thus qualified, viz. That the disponer was under several hornings, and his debt exceeded his free gear before the disposition, and the disposition was of all his estate, real and personal; and resolved to determine so in other cases: But found, That the raising of horning was not sufficient, unless the party were denounced, and [the horning] registrate; and it would appear that one horning would not be found sufficient.
