Ross v Wilson

Judgment Date29 October 1884
Date29 October 1884
Docket NumberNo. 9.
CourtCourt of Session
Court of Session
1st Division
No. 9.

Cessio—Process—Appeal—Competency—Debtors (Scotland) Act, 1880 (43 and 44 Vict. cap. 34), secs. 8 and 9.—

On a petition by a creditor against his debtor for cessio, the Sheriff pronounced an interlocutor finding that prima facie evidence of notour bankruptcy had been produced, ordering intimation and service, and granting warrant to an officer of Court to take possession of and place for safe custody in the hands of the Clerk of Court money or other moveables in the possession of the bankrupt.

Held (following Adams & Sons v. Kinnes, Feb. 27, 1883, 10 R. 670) that an appeal against this interlocutor was incompetent.

David Hay Wilson, S.S.C., presented a petition in the Sheriff Court of the Lothians praying for decree against Andrew Robertson Ross, decerning him to execute a disposition omnium bonorum, &c., in terms of the Debtors (Scotland) Act, 1880, and the Bankruptcy and Cessio (Scotland) Act, 1881. On 15th September 1884 the Sheriff-substitute (Baxter) pronounced an interlocutor, in which, after stating that by the productions he was satisfied that there was prima facie evidence of notour bankruptcy, he appointed intimation and service, called a meeting of creditors, ordained the debtor to appear, &c.: ‘Further, on the motion of the pursuer, and for the reasons stated in the petition, grants warrant to any officer of Court, in presence of a concurrent or witness, to take possession of, and put under safe custody, by lodging in the hands of the Clerk of Court, with sealed labels attached thereto, any bank notes, money, bonds, bills, cheques, or drafts, or other moveable property belonging to or in the possession of the therein designed Andrew Robertson Ross, the debtor, and if necessary for that purpose to open lockfast places, and to search the dwelling-house and person of the debtor: Further...

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