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.

James M'lune, Tenant in Bombay, Petitioner

Date: 21 February 1777

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Where a sequestration on the late statute is applied for, and obtained, all persons who have poinded the bankrupt's effects within the preceding thirty days of the application, are bound to pay over the value of them to the factor, or, if not disposed of, to restore the ipsa corpora; and the Court, when they award the sequestration, are in use to pronounce an interdict prohibiting the poinders, in that case, to dispose of the ipsa corpora of the goods poinded, till further order of Court. A petition was this day, 21st February 1777, presented for James M'Lune, tenant in Bombay, praying a sequestration, and an interdict against a poinder, in common form ; but it farther set forth, that a parcel of cattle had been carried off the farm, under pretence of a previous sale. And therefore it prayed for a similar interdict against the purchaser from disposing thereof. This last, as to the cattle, the Lords refused. The sales mentioned in the Act are those only posterior to the sequestration, not such as are prior; these must be regulated by other rules than those of this statute.