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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson [1835] CA 13_468 (14 February 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0468.html
Cite as: [1835] CA 13_468
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SCOTTISH_Shaw_Court_of_Session

Page: 468↓

Robertson
No. 147.

Court of Session

1st Division B.

Feb 14 1835

Lord President.

Robert Robertson,     Petitioner.— Baxter.

Subject_Bankruptcy.—

In a petition for approval of composition, and for exoneration of the bankrupt, in common form, the application must be at the instance of the bankrupt, with concurrence of the trustee, and not merely at the instance of the trustee.

In the sequestration of John and James Johnston, an offer of composition was agreed to, and an application was made for approval, and for exoneration, by the trustee alone.

Lord President.—The petition is at the instance of the trustee alone. This is irregular. In craving the exoneration of the bankrupts, the application should be at their instance, with concurrence of the trustee. The petition must be superseded, until it is stated in the names of the proper parties.

Petition superseded accordingly.

 SS 13 SS 468 1835
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