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Douglas, Heron, and Company, v Maxwell. [1782] Mor 1244 (13 December 1782)
URL: http://www.bailii.org/scot/cases/ScotCS/1782/Mor0301244-267.html Cite as:
[1782] Mor 1244
Decisions upon the clause of the Act of 1696, declaring Heritable Bonds, &c. to be held as granted of the dates of the Sasines taken upon them.
Douglas, Heron, and Company, v. Maxwell
Date: 13 December 1782 Case No. No 267.
In this case sasine was taken more than 60 days before the bankruptcy, but the registration was delayed till the 59th day. Found, that the deed could not be challenged upon the act 1696.
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In this case the general question occurred, How far an infeftment granted by a person who was rendered bankrupt within sixty days of the registration was effectual?
The arguments were the same with those formerly urged in similar cases.
The Lord Ordinary pronounced the following interlocutor:
“Having considered the words of the act 1696, and the decision of the Creditors of Menzies, (No 258. p. 1226.) in the year 1715, finds, That the deeds under challenge are not reducible under the act 1696.”
And to this judgment the Lords adhered, upon advising a reclaiming petition for the pursuers, with answers for the defender. See No 217. p. 1163.
Lord Ordinary, Hailes.Act. Hay Campbell, Sir John Belsches.Alt. Crosbie, Dalzell.Clerk, Hume.
Fol. Dic. v. 3. p. 68. Fac. Col. No 76. p. 117.
