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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Arthur Houston v Edward Hall's Debtor. [1629] 1 Brn 293 (12 July 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Arthur Houston
v.
Edward Hall's Debtor
12 July 1629 Click here to view a pdf copy of this documet : PDF Copy
Arthur Houston, donatar to the escheat of Edward Hall, pursues one of Edward's debtors for the debt owing to the said Edward, by a special declarator. It is answered by the defender, That no personal execution can follow upon this declarator against the person of the defender; because he, being incarcerated, summoned all his creditors, and this Hall among the rest, to hear and see him put to liberty, upon an assignation omnium bonorum; whereupon he obtained liberty, and so must be free of all personal distress for that debt. To the which it was answered by the donatar, That the allegeance ought to be repelled; because he, being donatar to Edward Hall's escheat, and having intented a general declarator, ought to have been summoned to the putting of the defender to liberty, and not Edward Hall, the rebel, who might have colluded with the debtor, in prejudice of the donatar. The Lords found, There was no necessity to summon the donatar, except a general declarator had been obtained.
Page 65.
The electronic version of the text was provided by the Scottish Council of Law Reporting