Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.

Rutherford
v.
Weddel

Date: 5 December 1676

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The Lords, in a suspension at the instance of a bankrupt, who was prisoner, did allow him to come out without the habit; because it was represented, that the debt was, for the most part, not contracted by himself, but by his father: Albeit some of the Lords were of the opinion, that the Act of Sederunt bearing no distinction, and being made upon good consideration, and conform to the practice of all other nations, that bankrupts should be known, by a habit, to be persons that deserved no trust; and that others may be affrighted from contracting or undergoing debts which they are not able to pay: And that the pretence foresaid was frivolous; it not being presumable that a person wrould be heir, and become liable to debts that he had not contracted, unless there were effects and sufficiency of estate to pay the same: And, if such pretences should be allowed, the law would be altogether illusory.

Gosford, Reporter. Mr Thomas Hay, Clerk.

Page 198.