Lennox v Donaldson
| Jurisdiction | Scotland |
| Judgment Date | 05 November 1878 |
| Date | 05 November 1878 |
| Docket Number | No. 3. |
| Court | Court of Session |
Ld. Ormidale, Lord Mure, Ld. Craighill.
County FranchiseBankruptSequestration recalled before Trustee appointed.
The proprietor of a house, which afforded a qualification for the county franchise, was sequestrated on 6th. March 1878, but the sequestration was afterwards recalled without a trustee having been appointed, on a deed of arrangement between the bankrupt and his creditors being produced in the process. Held that the mere sequestration, without the appointment of a trustee, did not so divest the bankrupt as to interrupt the continuity of his proprietorship.
William Donaldson, Kirkintilloch, objected to the name of Duncan Lennox being entered in the register of voters for the county of Dumbarton as proprietor of house at Dullatur, Cumbernauld, on the ground that owing to the sequestration of his estates he had not been proprietor continuously for the period of six months prior to 31st July 1878.
The facts stated by the Sheriff were that Lennox acquired the house in question, which was sufficient to afford a qualification, in or about the year 1872; that his estates were sequestrated by interlocutor of the Sheriff-substitute of Lanarkshire, dated 6th March 1878, by which interlocutor the Sheriff-substitute sequestrates the estates now belonging or which shall hereafter belong to the petitioner, Duncan Lennox, writer in Glasgow, before the date of his discharge, and declares the same to belong to his creditors for the purposes of the Bankruptcy (Scotland) Act, 1856. That on 21st March the Sheriff-substitute pronounced an interlocutor whereby he sisted procedure in the sequestration. That a deed of arrangement between Lennox and his creditors was produced in the process on 29th April, and on 17th June the Sheriff-substitute pronounced an interlocutor whereby he approved thereof and declared the sequestration at an end. And that no trustee was ever appointed on the sequestrated estates. The Sheriff sustained the objection, and refused to allow Lennox to be entered on the roll.
Lennox appealed.
The question of law for the decision of the Court of Appeal was Whether the said Duncan Lennox was divested of the property of the said house by the foresaid interlocutor awarding sequestration of his estates?
Lord Craighill.The objection to the qualification here is that the claimant was sequestrated in March 1878, and that though the sequestration was recalled in June 1878 without a...
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