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Scottish Court of Session Decisions >>
James Watson, Litster in the Canongate, v His Creditors. [1694] Mor 11773 (13 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor2811773-096.html
James Watson, Litster in the Canongate, v. His Creditors
Date: 13 February 1694 Case No. No 96.
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His reason of suspension was, that he was willing to put his whole creditors in possession of his land, and produced a disposition thereto in their favours, with exception only of his work-house and looms, and for which he was content to pay mail to them. The Lords being dissatisfied with these general suspensions, were once for referring him to pursue a bonorum, but afterwards allowed the Ordinary to pass suspension against all such creditors as were in possession (for they thought it hard that they should both have his land and his person;) but to refuse the bill of suspension as to those who were not in possession, or who were content to renounce the benefit they might have by the donatar of his escheat's back-bond to the Exchequer, for they could not retain both.
Fol. Dic. v. 2. p. 173. Fountainhall, v. 1. p. 608.
