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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stewart v. M'Bey [1883] ScotLR 20_580 (12 May 1883)
URL: http://www.bailii.org/scot/cases/ScotCS/1883/20SLR0580.html
Cite as: [1883] SLR 20_580, [1883] ScotLR 20_580
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SCOTTISH_SLR_Court_of_Session
Page: 580↓
Court of Session Inner House First Division.
[Sheriff of Aberdeen.
v.
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.
Counsel for Appellant— Baxter. Agent— D. Roberts, S.S.C.
Counsel for Respondent— J. A. Reid. Agents — Ronald & Ritchie, S.S.C.