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George Maxwell and Others, v Adam Gib. [1785] Mor 1113 (17 November 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor0301113-188.html
Decisions upon the act 5th Parliament 1696, declaring Notour Bankrupts.
Subject_3 SECT. I.
Circumstances which infer Notour Bankruptcy.
George Maxwell and Others, v. Adam Gib
Date: 17 November 1785 Case No. No 188.
The apprehending of an insolvent debtor without imprisonment, or taking into custody, held to be insufficient to qualify the statutory bankruptcy.
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Maxwell, and other creditors of Ebenezer M'George, who was insolvent, sued on the act of Parliament of 1696, for reduction of an heritable security granted by their debtor in favour of Gib. In order to establish the statutory bankruptcy, the pursuers produced several executions of caption, bearing, “That the messenger had apprehended the debtor; but that, without imprisoning or taking him into custody, he had afterwards liberated him on promise of payment.”
The Court repelled that reason of reduction.
Reporter, Lord Alva.Act. Corbet.Alt. H. Erskine.Clerk, Home.
Fol. Dic. v. 3. p. 53. Fac. Col. No 231. p. 359.
