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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Simpson v Dalziel. [1757] 5 Brn 861 (14 December 1757)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Subject_2 COMPLAINT FROM STIRLINGSHIRE.
Date: Simpson
v.
Dalziel
14 December 1757 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. II, No. 59.]
This was a competition among the creditors of Patrick and James Jackson, in which the Lords sustained a disposition made by a bankrupt, in terms of the act 1696, to a trustee for the behoof of all his creditors, and therefore set aside some arrestments at the instance of creditors who did not accede to the trust-disposition.
Some of the Lords put their opinions upon specialties; but the President and Prestongrange said that they did not hold these later decisions, which established that a bankrupt could make no disposition, even for behoof of all his creditors, to be law.
The electronic version of the text was provided by the Scottish Council of Law Reporting