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Eccles v Creditors of Merchieston. [1729] Mor 1128 (4 February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor0301128-197.html Cite as:
[1729] Mor 1128
Decisions upon the act 5th Parliament 1696, declaring Notour Bankrupts.
Subject_3 SECT. II.
What sort of Alienation falls under the sanction of the act 1696.
Eccles v. Creditors of Merchieston
Date: 4 February 1729 Case No. No 197.
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The narrative of an assignation by a bankrupt, bearing money instantly advanced; it was put to the assignee, whether it was not in security of a prior debt? He declared, that when he lent his money, it was covenanted that he should have the assignation, as part of his security; but when the money was lent, and the bond written out, the assignation was not ready, but that it was delivered to him about a week thereafter.——The Lords found the assignation fell under the sanction of the act of Parliament.
