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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Falconer v His Creditors. [1776] 5 Brn 411 (3 August 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050411-0367.html |
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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 CESSIO BONORUM.
Date: Thomas Falconer
v.
His Creditors
3 August 1776 Click here to view a pdf copy of this documet : PDF Copy
In a process of cessio, Thomas Falconer, merchant in Glasgow, against His Creditors; it appeared that Falconer, while labouring in his circumstances, had applied to the Court for a sequestration of his effects on the late statute; which the Court granted, but, as usual, superseded further procedure for ten days: however, no further procedure was had,—Falconer making no further application, but allowing the matter to lie over, while, in the meantime, he remained in possession; and, being a shopkeeper, disposed of his goods, and converted the price, as he received it in retail, for the use of his family. The Lords, conceiving this of dangerous precedent, and as a contempt of the authority
and jurisdiction of this Court in a high degree, refused him the benefit of the cessio, and found him not entitled thereto.
The electronic version of the text was provided by the Scottish Council of Law Reporting
