Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 BANKRUPT.
Subject_3 Infeftment is reducible under the Act 1696, though the warrant be anterior to the right of the creditor challenging.

James Robertson Barclay and Others
v.
William Lennox of Woodhead

Date: 19 November 1783

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[Faculty Collection, IX. 195; Dictionary, 1151.]

Justice-Clerk. The law would be set loose were such excuses received. The judgment of the House of Peers, in the case of Erskine, proceeded on this principle, that an insolvent person ought not to be allowed to give partial preferences; and the other alternatives ought to be liberally interpreted.

Braxfield. We ought not to be too critical in interpreting this act, for it has no effect unless there be a bankruptcy.

On the 19th November 1783, “The Lords found sufficient evidence that Mr Robertson had absconded, and fell under the description of the Act 1696;” and therefore sustained the objection.

Act. C. Hay. Alt. Ilay Campbell. Reporter, Ankerville.