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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sandeman v Shepherd [1835] CA 13_1037 (4 July 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1037.html
Cite as: [1835] CA 13_1037
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SCOTTISH_Shaw_Court_of_Session
Page: 1037↓
v.
Subject_Expenses—Bankruptcy.—
The party to a depending process became bankrupt, and intimation was made to his trustee, who proposed to sist himself under the condition of not being liable for the expenses incurred prior to sequestration—Held, 1. That the trustee must either sist himself unconditionally or not at all; and, 2, That, after being sisted, it was still open to him to plead that he was not liable for the prior expenses, and the Court would then decide whether such plea was well founded.
An action at the instance of Sandeman against Shepherd and Macandrew had proceeded so far that the record was closed, and a judgment was pronounced by the Lord Ordinary, against which Sandeman reclaimed. His estates were then sequestrated, and intimation being made to William Low, his trustee, Low proposed to sist himself under the condition of being liable in any event only for such expenses as were incurred subsequently to the sequestration. The defenders objected to this, and contended that he must either sist himself unconditionally or not at all.
The other judges concurred, and farther time was allowed to Low to decide whether he should sist himself or not.
Solicitors: J. Bennett, W.S.— ÆNeas Macbean, W.S,—Agents.