Decisions upon the act 5th Parliament 1696, declaring Notour Bankrupts.
Subject_3 SECT. II.
What sort of Alienation falls under the sanction of the act 1696.
Creditors of Gratney, Competing
1728.
February. Case No. No 195.
Whether deeds are challengeable where nothing is given away, but yet a partial preference effectuated.
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An apparent heir having granted infeftments of annualrent, thereafter granted a procuratory to serve himself heir, that his infeftment might accresce to the annualrent rights. In a competition betwixt these annualrents, and posterior adjudgers, it was objected against the procuatory, That it was granted while the common debtor was a notour bankrupt, and therefore null by the act 1696; the design of which act is to annul every partial preference granted by a bankrupt, directly or indirectly, in favour of creditors.—It was answered, That the act mentions only alienations made by the bankrupt, and reaches not every deed, which may any way be attended with a consequential damage or benefit to some of the creditors.—The Lords preferred the annualrenters.
