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Scottish Court of Session Decisions >>
Mr David Forbes, Advocate, v William Cockburn, Merchant. [1694] 4 Brn 176 (27 June 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040176-0399.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr David Forbes, Advocate, v. William Cockburn, Merchant
Date: 27 June 1694
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Mr David Forbes, advocate, as creditor to William Cockburn, merchant, offering to poind his shop; his daughter compeared, and was content to depone that the goods were hers; and the messenger going to proceed notwithstanding, the Lords, on a bill, stopped him till they heard the parties.
Mr David alleged, That this was only a palliation of fraud, and collusion; the daughter being still in familia, and having no peculium nor stock of her own whereon to trade, but only her father's credit; who would rather gift them to his daughter, who would always make the price forthcoming to him, than let them be poinded by the creditors.
The Lords, thinking the case suspicious, they ordained the poinding to go on; but, in case she deponed, they allowed her the goods, she always finding sufficient caution to restore them, or the value, to Mr David, if he prove the property belonged to the father.
