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Scottish Court of Session Decisions >>
Graham of Balgowan, and Others, Creditors, v Fraser of Lovat and Others, also Creditors of Murray of Ochtertyre. [1745] Mor 14345 (13 February 1745)
URL: http://www.bailii.org/scot/cases/ScotCS/1745/Mor3314345-012.html Cite as:
[1745] Mor 14345
Graham of Balgowan, and Others, Creditors, v. Fraser of Lovat and Others, also Creditors of Murray of Ochtertyre
Date: 13 February 1745 Case No. No. 12.
An estate burdened with debts, but not affected with diligence, cannot be sequestrated.
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Certain of Sir Patrick Murray of Ochtertyre's creditors gave in a petition, craving to have his estate sequestrated, to which he consented, that so arrestments and sequestrations of each particular year's rent might be prevented. This was opposed by others of the creditors, on this ground, that the foundation of sequestration was the competing diligence of creditors; and therefore, when the rent was affected, it might be sequestrated; when the land was affected, it might; but when no diligence had affected the land, it was not in the Lords' power to sequestrate it.
The Lords were of opinion they could not sequestrate the estate, which was not affected by diligence, if any of the creditors opposed; and therefore refused the petition.
Act. Graham.Alt. Ferguson.Gibson, Clerk.
Fol. Dic. v. 4. p. 265. D. Falc. v. 1. p. 75.
