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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petiton - Russell and Christie [1867] ScotLR 3_163 (15 January 1867) URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0163.html Cite as: [1867] SLR 3_163, [1867] ScotLR 3_163 |
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Page: 163↓
A trustee on sequestrated estate having been discharged, and certain funds belonging to the bankrupt having been discovered before the bankrupt's discharge, a remit made to appoint a meeting of creditors for the election of a new trustee and commissioners.
This was an application to the Court for a remit to the Lord ordinary on the bills, or to the sheriff of Fife, to appoint a new meeting of creditors in a sequestration for the election of a trustee and commissioners, and proceed further in the sequestration. It was presented in circumstances for which the Bankruptcy Statutes made no Provision. After the discharge of the former turstee (the bankrupt being still undischarged), it was discovered that funds might be made available for behoof of the creditors. The sequestration had been awarded by the Sheriff. This petition was presented by the former trustee and one of the commissioners (who was also a creditor), with the object of making these funds available and for the purpose above mentioned. After intimation on the walls and minute-book, and service on the bankrupt the Court remitted to the Sheriff as craved, and granted warrant to the Lord Clerk Register to deliver the sederunt book to the petitioners, or to transmit it to the meeting of creditors.
Counsel For Petitioner— Mr Maclean. Agents— Leburn, Henderson, & Wilson, S.S.C.
