[1685] Mor 1051
Subject_1 BANKRUPT.
Subject_2 DIVISION II. Alienation after Diligence.
Subject_3 SECT. II. Payment, whether Challengeable.
Shaw
v.
M'Millans
1685 .November .
Case No.No 141.
One horning, particularly when not followed by denunciation and registration, held not sufficient to found reduction.
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A disposition omnium bonorum being quarrelled by the disponer's creditors, that had done no diligence, upon this reason, That he was notourly bankrupt, and so could not prefer one creditor to another, as was found in Tarpersie's case, No 28. p. 899.
The Lords sustained the reason thus qualified, viz. That the disponer was under several hornings, and his debt exceeded his free gear before the disposition, and the disposition was of all his estate, real and personal; and resolved to determine so in other cases: But found, That the raising of horning was not sufficient, unless the party were denounced, and [the horning] registrate; and it would appear that one horning would not be found sufficient.
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