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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wright v. Lloyd and Others [1870] ScotLR 7_556 (18 June 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0556.html
Cite as: [1870] ScotLR 7_556, [1870] SLR 7_556
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SCOTTISH_SLR_Court_of_Session
Page: 556↓
Court of Session Inner House First Division.
v.
( Ante, p. 216).
Facts:
Cessio granted where, of consent of parties, the debtor agreed to assign one-third of his income, whatever it might be, to the trustee in his sequestration.
The estate of the pursuer having been sequestrated, he presented a summons of cessio bonorum. The defenders, who are creditors, thought they had been harassed by an unsuccessful litigation at the pursuer's instance, already reported, and opposed his discharge except upon his assigning a proportion of the salary he earns. They thought as he was unmarried and had a salary of £200, he should assign a third of it to the trustee. As tire Court indicated approval of this proposition, time was allowed, that the parties might come to an agreement in the matter. On the case being called to-day,
Shand, for the pursuer, read a letter from his employer, stating his engagement was only temporary, that his salary had been at first —100, and had gradually been raised to —200, but that latterly, from depression of business, it bad been considerably reduced. He stated tire pursuer was willing to assign or pay a third of his salary.
Campbell, for the creditors and trustees acquiesced, on condition of the pursuer's granting an assignation of one-third of his income to the trustees.
Cessio granted.
Agents for Pursuer— Grant & Innes, IV.S.
Agent for Defenders— W. B. Hay, S.S.C.