BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
The Creditors of Hugh Neilson, Apothecary in Edinburgh, v Bailie James Graham and Thomas Allan. [1694] 4 Brn 218 (5 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040218-0495.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Creditors of Hugh Neilson, Apothecary in Edinburgh, v. Bailie James Graham and Thomas Allan
Date: 5 December 1694
Click here to view a pdf copy of this documet : PDF Copy
The question was, If they should reproduce a back-bond, which was once in the process, whereby James Graham declared, that, though his disposition was simple and absolute, yet it was only for security of some debt.
Alleged,—The same was taken up before he was cited, and interpelled; and so nothing could hinder him to transact.
The Lords found him in mala fide, and ordained the caption to be put in execution against him, till he exhibited it; and, in case it were cancelled, till its tenor were made up, or their damages paid; for, qui dolo desiit possidere pro possessore habetur.
