Scottish Court of Session Decisions

Subject_1Process
Subject_2Appeal
Subject_3Cessio
Subject_4Debtors (Scotland) Act 1880 (43 and 44 Vict. c. 34) — Appeal before Issue of Interlocutor Granting or Refusing Decree of Cessio.
Facts:

A creditor's petition to have his debtor ordained to execute a disposition omnium bonorum for behoof of his creditors was opposed by the debtor as incompetent, on the ground that he had been sequestrated twenty years before and was still undischarged, and that the new process of cessio could not therefore proceed. The trustee in the sequestration had been discharged. The Sheriff repelled the objection, and appointed the petition to be enrolled that a diet for examining the debtor might be fixed. On appeal the Sheriff adhered. The debtor appealed to the Court of Session. The Court, following Adam & Son v. Kinnes, 27th February 1883 ( ante, p. 436), held that the appeal was incompetent.