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John Wilson pursued my Lord Drumlanrig to make some arrested goods forthcoming, which he had arrested in his hands, as appertaining to Archibald Douglas. Compeared another of Archibald's creditors, and alleged, These goods could not be made forthcoming to him, because Archibald had made a general assignation of all his goods to the behoof of his creditors, and so he could not be preferred to the rest, but behoved to come in with them equally. Replied, That the assignation could not prejudge him of his diligence he had used before, for the cessio was to be the debtor's own behoof allenarly, to free his person from prison, and concerned not the creditors to put them either in a worse case, or in a better than they were before. The Lords repelled the exception.
Fol. Dic. v. 2. p. 172. Spottiswood, (Cessio Bonorum.) p. 35.
