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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'culloch v. Buchanan [1865] ScotLR 1_50_5 (2 December 1865) URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0050_5.html Cite as: [1865] SLR 1_50_5, [1865] ScotLR 1_50_5 |
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This was also a case under the bankrupt statute. Thomas Buchanan stands on the roll in right of property belonging to his wife. The jus mariti is not excluded. The property was acquired previously to his sequestration, which was on the 12th October 1860; and in 1863 he was discharged without composition. The trustee was also discharged, but no new trustee was appointed. The Sheriff having decided that the voter's claim to be retained on the register was incompetent, the Court affirmed, holding that the bankrupt's discharge having been without composition, there was no reinvestiture; that the sequestration therefore still subsists; and that this result was not affected by the discharge of the trustee.
