Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. II.
Alienations ominum bonorum.
Duchess of Buccleugh v. Sir James Sinclair, and Mr Patrick Doul
1728.
December. Case No. No 19.
A disposition of particular subjects, which in fact comprehended the granter's whole effects, was found effectual to the creditor, as it did not expressly bear, or appear, to be omnium bonorum.
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William Innes, factor for the Duchess of Buccleugh, having fallen in considerable arrear, granted a disposition to her Grace off particular subjects, for her security and payment of the balance. It was objected against this disposition, by the granter's other creditors, that it was virtually a disposition omnium bonorum, though it contained no general clause of all goods and gear; because the debtor's whole effects were therein comprehended. Answered, there is a great difference betwixt disposition, bearing to be omnium bonorum, and a disposition to any particular subject, supposing the granter should not be found to have any other estate; the granter of an universal disposition makes and declares himself bankrupt by the very tenor of the deed, which has the same effect in law quoad the accepter, as if the granter had been judicially declared bankrupt before, or notourly made so by a course of diligence, whereas every true creditor is in bona fide to accept from his debtor, against whom no diligence is done, any of his effects either in security or payment.
