Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Captain Thomas Ogilvie
v.
Creditors of John Aberdeen

Date: 13 November 1747
Case No. No. 21.

Competition between an arrester and the assignees of a commission of bankruptcy in England.

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In a process of forthcoming against the debtors of John Aberdeen, merchant in London, who broke there, compeared the assignees of the commission of bankruptcy in England, and craved to be preferred; in respect the common debtor resided in England, and broke there, and as mobilia sequuntur personam, the preference must be judge dby the law of England, by which all arrestments were voided by the commission of bankruptcy; 2do, because the pursuer, Captain Ogilvie, had actually entered his claim before these Commissioners. But we thought that moveables in Scotland could only be attached by diligences issuing out of the Courts in Scotland, and therefore the preference of them could be judged only according to the law of Scotland; and we had no regard to the second, in respect of the answer, That the Commissioners refused to admit his claim, or to prove his debt, because he had arrested in Scotland. Therefore we preferred the pursuer's arrestment. Me referente for advice. See Foreign.