The Scots Law Times Volume 13, PT. 1

The Scots Law Times Volume 13, PT. 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...and sale. These articles are the necessary working tools of the pursuer, who could not follow his business, and so earn a livelihood, without them. They are absolutely essential to his carrying on his business as a dental surgeon. They consequently do not fall under the sequestration, and they accordingly remain the property of the pursuer. Ans. 2. Admitted that the defender desires to take possession of and to sell the articles mentioned in the prayer of the petition. Quoad ultra denied. Explained that said articles are instruments used in the practice of dentistry solely, and that whether necessary to pursuer's business or not (which is not admitted), being moveables attachable for debt vested in defender in virtue of his act and wammt (sic.)... The Sherifi'-Substitute (Henderson) allowed a proof, and delivered the following opinion: --The pursuer here, who alleges that he is a dental surgeon in practice, has become bankrupt, and the trustee under his sequestration has claimed certain articles enumerated in the prayer of the petition with a view to realising them for the behoof of the pursuer's creditors. The pursuer avers that the articles which he has enumerated are necessary working tools, and that he cannot follow his business and earn a livelihood without them. He therefore craves for interdict against the trustee taking possession of and selling the same. The vesting clause of the Bankruptcy Act, 1856 (sect. 102), carrries to the trustee the moveable estate and effects of the bankrupt " so far as attachable for debt." Anything, therefore, which could not be poinded or arrested for debt is not conveyed to the trustee, and what has been decided as regards poinding has, therefore, a direct bearing more

Product details

  • Paperback | 906 pages
  • 189 x 246 x 45mm | 1,583g
  • United States
  • English
  • black & white illustrations
  • 1236884027
  • 9781236884022