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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Fergusson v James Smith and Others. [1771] Hailes 431 (26 July 1771)
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Cite as: [1771] Hailes 431
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[1771] Hailes 431
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BANKRUPT.
Subject_3 Evidence of Absconding.
Date: Andrew Fergusson
v.
James Smith and Others
26 July 1771 Click here to view a pdf copy of this documet : PDF Copy
[Woodhouslee's Dict. III. 54; Morrison's Dict. 1,109.]
President. I doubt whether a search implies absconding, and whether insolvency must be presumed without proof.
Gardenston. In the case of one Stewart from Perth, a search was found to be evidence of absconding.
Coalston. It is a good evidence, prima facie, but may be redargued. As to insolvency, the defenders have taken from the debtor all his goods they could find, and offer a proof of other effects.
On the 26th July 1771, the Lords “found that the debtor fell under the Act 1696;” adhering to Lord Barjarg's interlocutor.
Act. A. Rolland. Alt. D. Armstrong.
The electronic version of the text was provided by the Scottish Council of Law Reporting