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 CESSIO BONORUM.

Thomas Falconer
v.
His Creditors

Date: 3 August 1776

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In a process of cessio, Thomas Falconer, merchant in Glasgow, against His Creditors; it appeared that Falconer, while labouring in his circumstances, had applied to the Court for a sequestration of his effects on the late statute; which the Court granted, but, as usual, superseded further procedure for ten days: however, no further procedure was had,—Falconer making no further application, but allowing the matter to lie over, while, in the meantime, he remained in possession; and, being a shopkeeper, disposed of his goods, and converted the price, as he received it in retail, for the use of his family. The Lords, conceiving this of dangerous precedent, and as a contempt of the authority and jurisdiction of this Court in a high degree, refused him the benefit of the cessio, and found him not entitled thereto.