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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Crawford of Minorgan v - . [1739] 5 Brn 673 (21 November 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Brn050673-0818.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: Crawford of Minorgan
v.
-
21 November 1739 Click here to view a pdf copy of this documet : PDF Copy
[Kilk., No. 1, Ranking and Sale.]
In this question, the Lords found, That a judicial purchaser of lands could not buy in a debt that had been omitted in the ranking, and, in right of that debt, compete with the rest of the creditors, and retain part of the price, though at the sale he had given his bond for the whole; they thought such a bargain was contra bonos mores, and that there was a presumptive fraud in buying in a debt which could serve for nothing but to vex the creditors and protract their payment, the purchase being secure enough without it.
N.B.—In this question it was supposed, that, after the ranking is finished, and the certification gone forth, yet, while the subject is in medio, and the scheme of division going on, any creditor omitted in the ranking may compear and give in his claim, because the process of division is a sequel of the ranking, without which it is reckoned complete.
The electronic version of the text was provided by the Scottish Council of Law Reporting
