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The pursuer was sequestrated in 1826. The sequestration was settled by a composition. In security of the cautioners for the composition, and for other purposes, the pursuer, with concurrence of the trustee on the sequestration, executed a trust-deed in favour of Mr Robert Christie, accountant in Edinburgh, conveying the whole sequestrated estate and effects and outstanding debts.
Farther, supposing the pursuer to be in titulo to pursue the present claim, he must find caution for expenses before he can be allowed to proceed in the action; Manuel and Co. v. Bain, 1 Jan. 1826.
The Lord Ordinary repelled these preliminary defences; and the defender having reclaimed , the Court unanimously adhered.
Lord Gillies observed—That when a party who had been sequestrated had obtained a discharge under the sequestration, he was as much entitled to pursue an action in his own name, as if he had never been bankrupt.
Lord President .—It is very common for a bankrupt under sequestration, who has settled with his creditors by a composition, to convey his whole property in relief of the cautioners for his composition; but that will not deprive him of his title to pursue an action after he has got his discharge.
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