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Scottish Court of Session Decisions >>
Smith v Taylor. [1728] Mor 1128 (19 July 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor0301128-196.html Cite as:
[1728] Mor 1128
Decisions upon the act 5th Parliament 1696, declaring Notour Bankrupts.
Subject_3 SECT. II.
What sort of Alienation falls under the sanction of the act 1696.
Smith v. Taylor
Date: 19 July 1728 Case No. No 196.
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A debtor, within 60 days of his bankruptcy, delivered to one of his creditors, lint, dales, &c. in payment and satisfaction pro tanto.—Against a reduction upon the act 1696 it was pleaded, That the act reaches not moveables, the commerce of which ought to be free.——The Lords found the reduction relevant to oblige the defender to restore the goods or the value.
