Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Robert Lauder v. John Penman
Date: 5 March 1684
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Mr Robert Lauder, one of the clerks of Exchequer, being creditor by bond to John Penman, merchant in Edinburgh, in 1000 merks; and the said John breaking suddenly, and giving a fraudulent disposition of all to his wife and brother; Mr Robert gave in a bill to the Lords, representing this conveyance, and that he had charged and arrested; and therefore craved sequestration of the goods.
The Lords ordained a padlock to be put on his shop, and his household-furniture to be inventaried, and his writs sealed, to be made furthcoming to all parties having interest: seeing he was in meditatione fugæ; when he made the said right; and so it may be quarrelled on the Act of Parliament 1621, anent deeds of bankrupts.
Quæritur if this sequestration would hinder a lawful creditor to poind.
Then Mr Lauder, on a bill to the Lords, got a deliverance, on the 29th of March, ordering him to cause inventary the goods in the shop, and to roup them to the best avail, and to take off the padlocks off the shop-door, that the landlord may set it at Pasch to some other tenant; and allowed Mr Robert Lauder, as now donatar constituted to his escheat, to sell and intromit medio tempore, lest they perish, or the ware turn unfashionable.
