Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PRISONER.

M'Rorie
v.
Hunter and Company

Date: 19 December 1776

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M'Rorie, merchant in Maybole, being incarcerated by Hunter and Company at Ayr, presented a bill of suspension and liberation. His reasons of suspension were two:—1mo, That his effects had been sequestrated in terms of the late statute, and that he had, in consequence thereof, disponed his whole effects to the factor for his creditors; 2do, Had he even funds to pay this debt, it would not avail the creditor, as the factor would oblige the creditor to repeat the payment. Lord Ankerville and Lord Covington, 6th November 1776, refused the bill, and this day, 21st November 1776, the Lords refused a reclaiming bill and adhered.

5th December 1776, refused a second bill.

The Lords had past two such bills formerly; one in the case of Cuthbert Gordon, merchant in Leith, and another at the instance of John Aird.

And this day, upon presenting a third petition, with a minute of his creditors, that his liberation was highly expedient for ingathering his effects, and there being no opposition, the Lords remitted to the Ordinary on the Bills to pass the bill.