Thorold, &c Assignees of Thomson and Tabor, v. Forrest and Sinclair
1762.
July2.&
1764.
December20. Case No. No 88.
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The Lords found, That the assignees under a commision of bankruptcy in England had a title to compear and compete in the Court of Session; but that the proceedings under the commission did not bar the creditors of the bankrupt, whether their debts were contracted in England or Scotland, to affect their debtors effects situated in Scotland, or debts due to them by persons there residing, by legal diligence; and also found, that such of the creditors-arresters against whose diligence no objections were made, were preferable to the assignees.
Fol. Dic. v. 3. p. 226. Fac. Col.
*** The report of this case, No 81. p. 753, taken from the Faculty Collection, where it is erroneously dated 5th March 1767, does not state, with sufficient precision, all the circumstances, and what was actually done by the Court. The principle which there seems to have been adopted, has been, in the late case of Read against Strothers, (1st July 1803), entirely passed from, and the assignees under a commission of bankrupt, have been preferred. In the report of this last mentioned case, to be given at large in the Appendix to this Title, the errors in the case of Thorold, and in that of Pewtress immediately following, will be particularly pointed out.