Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

The Treasurer of Paul's Work
v.
Hary Hope's Debtors

Date: 17 November 1664

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Hary Hope being debtor to Paul's Work in the sum of £200, and he being fugitive for debt, there were arrestments raised in the hands of several of his debtors, at the instance of the treasurer of Paul's Work. The summons being called, there was compearance made for Mr John Harper, who had got a disposition from Hary Hope, for onerous causes, of the sums craved to be made forthcoming. It was alleged for the arrester, That the disposition fell under the statute of divorce, being omnium bonorum; and to a confident person, his own brother-in-law; to whom he could not make a voluntary payment, in prejudice of his lawful creditors, after having charged the debtor with horning. To which it was answered by the assignee, That his assignation was for true and onerous causes, and that he was willing to depone thereupon. The Lords, before answer, ordained Mr John Harper to produce such writs as he had, and bond granted by Hary Hope to him, for instructing the cause onerous of the disposition granted to him.

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