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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kirkland v Miller. [1740] 2 Elchies 62 (7 November 1740)
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Cite as: [1740] 2 Elchies 62
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[1740] 2 Elchies 62
Subject_1 BANKRUPT.
Date: Kirkland
v.
Miller
7 November 1740
Case No.No. 16.
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A Disposition omnium bonorim being granted by a person insolvent to his creditors, whereof the father was the principal, containing also a corroboration of their debts, upon which the creditors afterwards poinded the effects; the Lords agreed, that though he was not in terms of the act 1696, the disposition would not exclude the other creditors from coming in pari passu (for they had used no diligence,) were it not for the poinding: And the President and Arniston thought the bond also reducible, whereby the poinding would fall in consequence, though the defender had also parata executio on the original debts corroborated; but all the rest were of a different opinion, and found it not reducible.
The electronic version of the text was provided by the Scottish Council of Law Reporting