Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 SEQUESTRATION.

Samuel Cole, &c

Date: 4 August 1772

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In May 1772, Samuel Cole of Covent-Garden, mercer, sent down to Scotland a parcel of silks, in value about L.3000. Soon after his brother came down, as factor, to sell these goods, which were lodged in a ware-room in Canongate, where he obtained a license to trade. These silks were soon after arrested by certain English creditors of Samuel Cole ; whereupon he wrote to his brother, desiring him to take advice. And the advice given was, to apply to the Court for a sequestration on the late statute. This was opposed as incompetent, the statute applying only to Scotch insolvent debtors, but not to English debtors having occasionally effects in Scotland. The Lords, after advising memorials, granted the sequestration. They thought it was the situation of the effects, not the residence of the debtor, which founded the jurisdiction.

Samuel Burn, Merchant in Berwick-upon-Tweed;

1776. February .

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They were of the same opinion in the case of, and the same in several other instances, particularly of John Reynolds, merchant in London, of whose effects sequestration was awarded by the Ordinary on the Bills, 9th May 1776, and the Court divested the factor in favours of a trustee, 15th November 1776.