Ballantyne Petitioner [1900] ScotLR 37_798 (21 June 1900)

Ballantyne Petitioner [1900] ScotLR 37_798 (21 June 1900)

Sequestration was declared at an end due to agreement among all known creditors and absence of further bankruptcy administration, following precedent in Anderson.

Citation
[1900] ScotLR 37_798
Parties
Petitioner: James Ballantyne; Concurring Creditor: John Logan; Deceased Bankrupt: William Ballantyne
Jurisdiction
Scotland
Judgment Date
21 June 1900
Procedural Posture
Petition to Declare Sequestration at an End / Final Judgment
Outcome
petition granted
Legal Topics
Termination of Sequestration, Completion of Title by Heir at Law

Case Brief

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Parties

James Ballantyne

Petitioner

John Logan

Concurring Creditor

William Ballantyne

Deceased Bankrupt

Procedural Posture

Petition to Declare Sequestration at an End / Final Judgment

  1. 1 Whether sequestration of William Ballantyne's estate should be declared at an end
  2. 2 Whether petitioner is entitled to complete title as heir-at-law

Ratio Decidendi

Sequestration was declared at an end due to agreement among all known creditors and absence of further bankruptcy administration, following precedent in Anderson.

Court Disposition

petition granted

Orders

  • Sequestration of William Ballantyne's estate declared at an end
  • Petitioner entitled to complete title as heir-at-law