BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Wilson v Lord Drumlanrig. [1628] Mor 11770 (22 November 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2811770-088.html Cite as:
[1628] Mor 11770
Click here to view a pdf copy of this documet : PDF Copy
John Wilson pursued my Lord Drumlanrig to make some arrested goods forthcoming, which he had arrested in his hands, as appertaining to Archibald Douglas. Compeared another of Archibald's creditors, and alleged, These goods could not be made forthcoming to him, because Archibald had made a general assignation of all his goods to the behoof of his creditors, and so he could not be preferred to the rest, but behoved to come in with them equally. Replied, That the assignation could not prejudge him of his diligence he had used before, for the cessio was to be the debtor's own behoof allenarly, to free his person from prison, and concerned not the creditors to put them either in a worse case, or in a better than they were before. The Lords repelled the exception.
Fol. Dic. v. 2. p. 172. Spottiswood, (Cessio Bonorum.) p. 35.
