Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.

Gordon
v.
-

Date: 7 August 1766

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In this case it was admitted to be now established law, that an arrestment, or any other diligence by the law of Scotland, was preferable to the assignees under the commission of bankruptcy in England, whether such diligence was prior or posterior to the bankruptcy; as had been decided in the case of Thomson and Tabor. And the only question was, Whether the assignation under the commission, being produced in process, was equal to an assignation intimated, so as to give a title to sue and uplift the effects in Scotland, not affected by diligence?

Lords Alemore, Coalston, and Auchinleck, thought that it ought to have no effect, any more than a commission of lunacy issued in England, or the probate of a will in the ecclesiastical courts there; but it was agreed to remit the matter back to the Lord Ordinary to be more fully considered of.