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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Johnston, Competing, viz.Earl Hopetoun v Nisbet of Dirleton and Innes. [1750] 2 Elchies 65 (10 July 1750)
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[1750] 2 Elchies 65
Subject_1 BANKRUPT.
Date: Creditors of Johnston, Competing, vizEarl Hopetoun
v.
Nisbet of Dirleton and Innes
10 July 1750
Case No.No. 25.
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A Merchant incarcerated a few days on a caption and then set at liberty, and granting a bond of corroboration of the debt whereon infeftment followed, and continuing many months to keep open shop and to trade as formerly,
was not found to have been rendered by that imprisonment a notour bankrupt in the sense of the act 1696, so as to annul that infeftment, or other infeftments granted within 60 days before, though he was found to have been then insolvent, and to have continued so. (See Dict. No. 230. p. 1190.)
The electronic version of the text was provided by the Scottish Council of Law Reporting