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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kirkland v Miller. [1740] 1 Elchies 46 (7 November 1740)
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Cite as: [1740] 1 Elchies 46
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[1740] 1 Elchies 46
Subject_1 BANKRUPT.
Kirkland
v.
Miller
1740 ,Nov. 7 .
Case No.No. 16.
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We agreed that this being a disposition omnium bonorum between a son and father would not be good against creditors, at least that they must come in pari passu; but we differed whether the bond of corroboration in gramio of that disposition be reducible, though the father had as summary diligence upon the bonds corroborated if he had used it, and though such a bond without a disposition would be reducible;—but it carried not, by a great majority.
The electronic version of the text was provided by the Scottish Council of Law Reporting