Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 CESSIO BONORUM.

Robert Williamson, Petitioner

Date: 11 March 1786

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Robert Williamson insisted in an action of cessio bonorum, and was allowed to prove his losses: it was so late in the season before he obtained liberty to prove, that it became impossible for him to report his proof before the rising of the Court. With the concurrence of all his creditors, except Shaw, he petitioned to be set at liberty until the Summer Session. Shaw contended, that the negative of any one creditor was sufficient to prevent the interim liberation of the debtor; and he said that he did not make this opposition wantonly, for that he had reason to believe that the debtor, or his friends, would rather clear that debt than suffer him to remain in prison. The Judges, however much they might disapprove of Shaw's measures, were under the necessity of admitting hisveto.

Williamson again petitioned and set forth, that Shaw, having formerly failed in his circumstances, had conveyed all his effects, and particularly the debt in question, to his creditors, for their security; and that those creditors concurred in consenting to the liberation sought for.

On the 11th March 1786, “The Lords granted the desire of the petition, in respect that Shaw, the opposing creditor, has only a contingent interest; where as his creditors, who do not oppose, have the direct interest in the debt in question;” but they required Williamson to find security to return to prison, under a penalty equivalent to the whole debt.

For the petitioner, R. Cullen.