Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Scrymzeour of Kirktown v. Lyon of Bridgetown
Date: 21 December 1692
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Scrymzeour of Kirktown against Lyon of Bridgetown. Some of the Lords thought it hard that he should have preferred his wife and children, by his disposition, to his other extraneous creditors; yet seeing he was then under no legal diligence, it was proposed, that the husband being yet alive, so that the wife's liferent did not yet exist, and it was uncertain if ever, the creditors ought to be preferred to the goods, on their finding caution to restore the price to the wife, in case she happen to survive her husband: But in regard it dipped on a general point, which the Lords had declared they would hear, between Sir Thomas Moncrieff and the other creditors of Cockburn of Lanton, viz. if a notorious bankrupt, where there is no diligence against him, can gratify or prefer one creditor to another, ay till he be incapacitated; they superseded to give answer in this case, till it should be decided there.
