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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Roseberry v - . [1741] 5 Brn 709 (12 June 1741) URL: http://www.bailii.org/scot/cases/ScotCS/1741/Brn050709-0857.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Creditors of Roseberry
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12 June 1741 Click here to view a pdf copy of this documet : PDF Copy
Lord Roseberry disponed his estate to certain trustees for the payment of his debts ; and this disposition, and the assignation therein contained, was intimated to all the tenants and possessors of the lands. This trust-disposition was afterwards reduced at the instance of some creditors who had not acceded to it. But, before that, a tenant of Lord Roseberry's, who was likewise a merchant, had made considerable furnishings to my Lord ; and now, when the trust-disposition was reduced, and declared to have been null from the beginning, he contended that the rents belonged to my Lord, even after the disposition; and that he was at liberty to retain his rent in his own hand, and apply it to the payment of what my Lord owed him.
The Lords found, That the reduction, being obtained at the instance of creditors, could not operate against them ; and therefore, that the rent in question was to be applied to their payment.
The electronic version of the text was provided by the Scottish Council of Law Reporting
