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Scottish Court of Session Decisions >>
Carlyle v Mathison. [1780] Mor 12574 (18 February 1780)
URL: http://www.bailii.org/scot/cases/ScotCS/1780/Mor2912574-466.html Cite as:
[1780] Mor 12574
If probative of its Onerous Cause against Creditors and Donatars of Escheat.
Carlyle v. Mathison
Date: 18 February 1780 Case No. No 466.
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In a reduction, at the instance of a bankrupt's creditor, of a bond of relief granted by the bankrupt (after he became insolvent, though not bankrupt in terms of the act 1696) to his brother, from two bonds granted by the said bankrupt and his brother conjunctly and severally four years before, the Lords found the bond of relief sufficiently astructed from extra-judicial declarations of creditors, that it was upon the bankrupt's application offering his brother to be bound with him, that they had lent the money, and that it was to the bankrupt they delivered the money upon receiving their bond, and that from him they had received what annualrents had been paid them, joined with the consideration of the circumstances of the said brother, that the bankrupt was needy and in use to borrow money, whereas the other was neither in use to borrow, nor did his circumstances require it.
