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 COMMISSION OF BANKRPTCY IN ENGLAND, WHAT EFFECT IT HAS IN SCOTLAND.

Blackwood
v.
Cathcart

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John Cathcart, merchant in London, having obtained the Chancellor's certificate under a commission of bankruptcy, pleaded it in bar of an action brought against him by Alexander Blackwood.

Objected, That Mr Cathcart was not entitled to the benefit of the certificate, not having surrendered his whole effects, but concealed, 1mo, A house in Edinburgh ; 2do, A small landed estate in Scotland; 3tio, Half pay which Mr Cathcart enjoyed on account of a military employment which he had formerly held in the West Indies.

The Lords found so; and therefore found him liable for the debt. But this judgment was reversed by the House of Lords. As to the first, it appeared that Mr Cathcart had gifted the house to his sister, thirty years before the bankruptcy. The landed estate had been adjudged by a creditor for more than its value, who did not accede to the commission ; and the third, as half pay, was reckoned not assignable.