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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gallie v His Creditors [1835] CA 13_639 (7 March 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0639.html Cite as: [1835] CA 13_639 |
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Page: 639↓
Subject_Cessio.—
Circumstances in which the Court ordained a Major in the army to assign £40 out of his half-pay, is a condition of obtaining the cessio.
Robert Gallie, a major in the army, having half-pay, raised a process of cessio bonorum. He stated his age to be seventy, and that he had a family of five children. He offered to assign £40 of his half-pay to his creditors. He had previously pursued a cessio; and it was said by the creditors, who then obtained an assignment of his half-pay, that it had been so managed as to produce no payment whatever to them. His subsequent debts were stated at £220.
Neaves, for the creditors in this sum of £220, submitted that, in the circumstances, £50 per annum should be applied, out of the half-pay, towards payment of his debts.
Neaves submitted, that, in order to make the present assignment of half-pay effectual, the interlocutor of the Court should be framed in terms of that of Murcheson. 1
A. M'Neill, for the creditors in the first process of cessio, contended that their preference, under the existing assignment, should be reserved.
The Court pronounced this interlocutor: “Find the pursuer entitled to the benefit of the process of cessio bonorum, upon condition of his assigning £40 sterling yearly, of his half-pay, to his creditors: Ordain the pursuer to grant a disposition omnium bonorum in favour of Holmes Ivory, &c., whom failing, &c., as trustee for his creditors, and particularly assigning to said trustee, whom failing, to any other trustee the creditors may appoint, the said sum of £40 sterling yearly, out of his half-pay, until all his debts are discharged: And, farther, ordain the pursuer to grant a power of attorney, irrevocable until such purpose is accomplished, to the partners of the firm of Cox and Company, army agents in London, whom failing, &c.; whom failing, to any other attorney whom the said creditors may appoint, authorizing him to draw the whole of the pursuer's half-pay, and to make payment therefrom to the said trustee, of the said sum of £40 sterling yearly, and that proportionally as the said pay shall be received by him, and to make payment of the remainder of the said half-pay to the pursuer himself: And the Lords recommend to the Secretary at War, and Paymaster-General of his Majesty's Forces, to give effect to this decree and order of the Court; reserving all questions as to the respective rights of the pursuer's
_________________ Footnote _________________
1 Feb. 6, 1830 (ante, VIII, 464).
Solicitors: —Agents.