Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. II.
Alienations ominum bonorum.
Cramond v. Bruce and Henry
Date: 25 February 1737 Case No. No 20.
One creditor arrested in the hands of another who had obtained a disposition omnium bonorum. They were ranked pari passu on the fund.
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A debtor, against whom no diligence was done, having granted a disposition omnium bonorum, to one of his creditors in security and payment, and another creditor having arrested in the disponee's hands, and in a furthcoming insisted that the disposition was null, and that he was preferable by virtue of his diligence; the Lords reduced ad hunc effectum, to bring him in pari passu; and repelled the jus retentionis pleaded for the disponee; for, if the disposition was unlawful, the disponee could have no just title to retain possession.
Fol. Dic. v. 1. p. 67.
*** The terms of the disposition were, ‘of the corn crop upon his possession, and all and hail his horse, nolt, sheep, and other goods and gear pertaining and belonging to him.’ This was interpreted to be a disposition omnium bonorum; no other funds being condescended on.
