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Scottish Court of Session Decisions >>
The Creditors of Sir Godfry Maculloch of Ardwal, he Competing. [1692] 4 Brn 1 (9 November 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040001-0002.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Creditors of Sir Godfry Maculloch of Ardwal, he Competing
Date: 9 November 1692
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Phesdo reported, that in the roup of the lands of Sir Godfry Maculloch of Ardwal, it was objected that the pursuer of the roup being but a single creditor, had led a simulate and collusive probation of the rental, (having a design for the lands,) and had not cited the co-creditors to see it led.
Answered,—By the 17th act 1681, no creditors were to be cited but those who had infeftments and were in possession; and that only to the act of the roup, but not to the proving of the rental.
The Lords resolved to consider what had been the practice in this new law; and, though they would not annul this roup, yet to prevent collusion for the future, they thought an act of sederunt might be made, that the whole creditors ought to be cited in initio to hear and see the probation of the rental also led.
