British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Blackwood v Russell, &c. [1734] 1 Elchies 30 (11 December 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Elchies010030-001.html
Cite as: [1734] 1 Elchies 30
[New search] [Printable PDF version] [Help]
[1734] 1 Elchies 30
Subject_1 APPEAL.
Blackwood
v.
Russell, &c
1734 ,Dec .11 .
Case No.No. 1.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the creditors subscribing not found, in respect the other creditors who were preferable did not sign. My reason was, and was the opinion of the Lords, that the reversal of the judgment, if it had been obtained, would have been beneficial to the whole creditors not appealing as well as Mr Blackwood; and in case Mr Blackwood had prevailed, he could not have been bound in the terms of the contract to communicate his rights to the less preferable creditors signing, since the preferable creditors did not sign, and would be preferable to him.
The electronic version of the text was provided by the Scottish Council of Law Reporting