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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Agnes Hamilton v Henry. [1743] 2 Elchies 63 (9 February 1743)
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[1743] 2 Elchies 63
Subject_1 BANKRUPT.
Date: Creditors of Agnes Hamilton
v.
Henry
9 February 1743
Case No.No. 17.
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Though a person be bankrupt in terms of the act 1696, that is, be not only insolvent but in prison upon a caption, yet if the debt in the caption be afterwards paid, and he liberated; found, that he does not remain notour bankrupt in the sense of that act, though he be still insolvent. 2dly, Found That one who is notour bankrupt in terms of the act 1696, though he cannot lawfully prefer one of his own creditors to another by making payment or granting security, yet he may pay or secure another person's creditors. (See Dict. No. 173. p. 1092.)
The electronic version of the text was provided by the Scottish Council of Law Reporting