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Scottish Court of Session Decisions >>
Dr Scot v His Creditors. [1707] Mor 11774 (4 November 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor2811774-098.html Cite as:
[1707] Mor 11774
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Dr Robert Scot, late Dean of Hamilton, craves a suspension against several of his creditors, on this reason, he had made a general disposition omnium bonorum in their favours of all his estate, both real and moveable; upon which most of them had given him a supersedere not to trouble his person, seeing he was hopeful to recover a coal on his lands of Kinglassie, that would satisfy all his debts. Answered, We never accepted of your disposition, nor have any benefit by it; neither are we consenters to the supersedere, and so the reason can never militate against us. The Lords thought this a protection on the matter, and therefore refused the bill, as they did also to Cornwall of Bonhard, against Janet Pitcairn and others of his creditors, for the same reason. If they had offered caution, it is likely their bills of suspension might have been granted, for the creditors thereby got an additional security; but they were both craved on juratory caution, and were therefore refused.
Fol. Dic. v. 2. p. 171. Fountainhall, v. 2. p. 390.
