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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Foulds v. Stewart [1866] ScotLR 1_249_1 (31 March 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0249_1.html Cite as: [1866] SLR 1_249_1, [1866] ScotLR 1_249_1 |
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Page: 249↓
A creditor on a sequestrated estate, whose claim has not been ranked, is not entitled to charge the trustee for payment.
This is a suspension by a trustee on a sequestrated estate of a charge for £1000 given to him by a creditor claiming to be ranked on that estate, but whose claim had not been admitted or ranked. The ground of suspension was that such a charge was incompetent while the claim was being disposed of under the bankruptcy statute. The Lord Ordinary (Mure) suspended the charge with expenses, because the effect of allowing the charger to proceed with his diligence might be to put him in a position to secure a preference over the other creditors to which he was not entitled
The Court to-day, after hearing counsel for the charger, adhered.
Counsel for Suspender— Mr Watson. Agents— Messrs Graham & Johnston, W.S.
Counsel for Charger— Mr Thoms. Agent— Mr W. Officer, S.S.C.
