Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Chalmers
v.
M'Alla, &c

1739, Jan. 18.
Case No. No. 14.

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An assignation of moveables and household furniture being granted 16th May 1736, by Charles Stuart, who became bankrupt in the beginning of August, when he assigned to the same creditors his tack of the house in security, which right to the tack was reduced by the Ordinary in the Outer-House on the act 1696; but Chalmers having arrested on the 7th of August, and quarrelled the assignation to the plenishing as simulate retenta possessione, a proof was allowed; and at advising, it appeared that the possession was retained by the bankrupt till the 8th of August, when M'Alla, the disponee, let both house and furniture to Sir John Eveline, as tenant, which was after Stuart's bankruptcy, but before the arrestment. The question was, Whether the disposition of moveables being completed before the arrestment, by actual possession, the disponee ought not to be preferred, since his disposition did not fall within the act 1696? The Lords, however, reduced the disposition, which they looked on as fraudulent;—and it is said the same thing was decided betwixt the Creditors of Commissioner Whitehall and Mr Colvill, (or Colquett.)—18th January The Lords adhered without answers.—(January 6.)