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Scottish Court of Session Decisions >>
Newton v Anderson. [1729] Mor 16115 (00 January 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor3716115-059.html Cite as:
[1729] Mor 16115
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A process of sale of a bankrupt estate being intented upon an adjudication, with a charge against the superior, it was objected, That an adjudication without infeftment was no real right, and yet the act 1681, authorising processes of sale of bankrupt estates, allows only such a process to be carried on at the instance of a creditor having a real right. Answered, The words real right are here taken in a lax signification; and that an adjudication is designed also is pretty evident from the preamble of the statute, which runs in these terms, “Considering that when estates and lands of bankrupts are affected with comprisings, adjudications, and other real rights,” &c. The objection was repelled, and an adjudication with a charge found a sufficient title to carry on this process.—See Appendix.
