Scottish Court of Session Decisions

Subject_1 PRISONER.
Subject_2 SECT. II.

Cessio Bonorum.

Wright
v.
His Creditors

Date: 12 November 1678
Case No. No 93.

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In the case of one Wright in Borrowstounness against his Creditors, it being objected against his cessio bonorum, that they offered to prove he had granted a fraudulent disposition of his estate before his incarceration, and so ought not to be liberated till he recal it; “The Lords found, that could not hinder his liberation upon this summons, wherein, upon a commission, he had deponed, that he had granted no right or disposition of his estate since his imprisonment, save the disposition he had consigned in the process in favours of his creditors. And for any prior alienations, that they behoved to reduce them on the act 1621, or other competent grounds.”

Fountainhall, v. 1. p. 19.