Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Ogilvie
v.
Creditors of Aberdeen

1747, Nov 13.
Case No. No. 21.

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Captain Ogilvie, as creditor to Mr Aberdeen, arrested in the hands of certain debtors, and pursued forthcoming. Compeared the assignees of the Commissioners of Aberdeen's bankruptcy appointed in England, and claimed to be preferred, because John Aberdeen was residing at London, and the pursuer's debt being contracted in England, the case behoved to be judged according to the law of England, because mobilia sequuntur personam; and then the arrestment though prior to the bankruptcy, yet was voided by the subsequent statute. 2d, The pursuer actually claimed before the Commissioners of bankruptcy. Answered, 1mo, Moveables in Scotland cannot be attached but by diligences issuing out of the Courts of Scotland, and such diligence must have its operation according to the law of Scotland. To the second, That he indeed entered a claim, but the Commissioners refused to receive it, that is, to allow him to prove his debt because he had used arrestment in Scotland. The pursusr also quoted the decisions, The creditors of Spence, &c. finding that bankrupts in England complying with the statute had the benefit of personal liberty, and of their bona acquirenda, against all debts contracted in England. I gave my own opinion against the assignees, but was pressed by Pitfour to report it for advice, which I did, and the Lords this day unanimously preferred the arrester.