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.

The Creditors of William Donald, Merchant in Ayr
v.
The Earl of Cassils

Date: 3 August 1776

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William Donald, merchant in Ayr, having become bankrupt, his Creditors brought a sale of his estate on the Acts 1681 and 1690, and afterwards petitioned for sequestration. The Earl of Cassils, as an heritable Creditor by heritable bond, infeftment, adjudication, and charter and infeftment, and in possession of the lands of Bardanock, and a tenement of Ayr, opposed the sequestration quoad these subjects. The Lords granted the sequestration, exclusive of these subjects, which they refused to sequestrate.

By the late Bankrupt Statute, it is declared, That although the bankrupt should die after sequestration, that it continues, and that the factor is entitled to recover the debtor's estate in the same way as if he had been alive. The case occurred, 20th June 1775, Creditors of Andrew Hunter, shoemaker in Glasgow, Petitioners. The Lords proceeded to name a factor in common form ; but, with respect to these clauses in the interlocutor, ordaining the bankrupt to denude and grant a disposition, &c., these were left out, in respect of his decease, and a general clause thrown in, granting warrant to, and ordaining the factor to do every thing proper and necessary for discovering and taking possession of the personal estate and effects of the bankrupt for behoof of the Creditors.