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Scottish Court of Session Decisions >>
Creditors of Tarpersie v Kinfawns. [1673] Mor 899 (23 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor0300899-028.html
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. III.
Alienations in favour of Conjunct and Confident Persons.
Creditors of Tarpersie v. Kinfawns
Date: 23 July 1673 Case No. No 28.
A confident person, getting a disposition from a debtor, might, as trustee for the debtor, prefer at pleasure creditors who had done no diligence.
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The Lords, upon debate among themselves, were of the opinion, that a confident person having got a disposition from a debtor, might, at the debtor's desire, satisfy such creditors as he thought fit, there being no diligence done by other creditors: And, as the debtor might have done so himself, so the trustee may do: And that it is provided so by the act of Parliament 1621.
They found that the trustee, if he got any ease by composition, should apply the benefit thereof, for satisfaction of the other creditors.
Item. That he cannot make voluntary payment in prejudice of a creditor who has done diligence.
Clerk, Gibson.
Fol. Dic. v. 1. p. 67. Dirleton, No 174. p. 70.
