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Scottish Court of Session Decisions >>
Jacob and John Rhone v Parish and Schreiber. [1776] Mor 4593 (6 August 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Mor1104593-102.html Cite as:
[1776] Mor 4593
Mode of proving debts contracted in England pursued for in Scotland. - Cohabitation in a foreign country. - Foreign trust-deeds in favour of Creditors. - Divorce.
Jacob and John Rhone v. Parish and Schreiber
Date: 6 August 1776 Case No. No 102.
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Turner having become bankrupt in Bremen, the Senate, according to the custom of that place, took the management of the bankrupt's effects. The creditors appearing before the Senate, chose certain of the Senators trustees for the behoof of all. Certain of these creditors having arrested in the hands of the bankrupt's debtors in Scotland, contended, that this foreign act, though acceded to by them, could not be effectual extra territorium, and urged a claim of preference on their arrestments. The trustees compearing, The Lords, on a hearing in presence, found the arresters were precluded from all preference on their diligence by their accession to the foreign deed of trust. See Appendix. See Note under p. 757. See No 89. p. 4561.
