The Decisions of the Court of Session Volume 10; From Its First Institution to the Present Time - Digested Under Proper Heads, in the Form of a Dictionary (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1803 Excerpt: ...Mackenzie, in his observations on the act of bankruptss 1621, thinks diligence may proceed on such debts, not for present execution, but yet for securing the debt. Replied, This would disappoint the very end of suspending my term of payment, which was to free me of any trouble; and if you have taken it in these terms, you must bide your day; and as you cannot poind before the term, so neither can you adjudge; for what the one is in moveables, the other is in heritage, and so pari jure censentur. The Lords thought there could not be one general rule for this case. Where there was no hazard of dilapidation it was not to be allowed; but here it was expressly informed that the debtor was vergens ad inopiam, and his circumstances much worse than when he gave the bond; therefore, they remitted to the Ordinary "to take what evidences he could get of his condition; and if he found it dubious, then to adjudge, unless the debtor offered sufficient caution to pay the debt when the term of payment should come; on which offer the adjudica tion was to stop, even as arrestments laid on upon bonds, whereof the term is not come, whether as the ground of arrestment or the debt arrested, may be loosed upon caution. Fol. Die. v. 1. p. 540. Fountainhall, v. 2. p. 659. No 56. No 57. When the term of payment is suspended till after the debtor's death, adjudication cannot pass unless on spe- cial cause shown, viz. vergens ad in See 'Forbes's report of this case, voce Provision to Heirs and Children. Vol. XIX. 45 L No 58. A fa; her, af-ter granting a bond of pro-vision to hi daughter, be-came bank-rupt. The Court found that an adju-cation in se-eurity might pioceed upon this bond, tnough it was not payable till ten years afterv, aids. 1724. January 24. Competition, Mrs Ma...