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Scottish Court of Session Decisions >>
Sir James Hamilton Supplicant. [1750] Mor 5297 (14 December 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor1305297-043.html Cite as:
[1750] Mor 5297
Privilege of selling the predecessor s estate by a public auctions.
Sir James Hamilton Supplicant
Date: 14 December 1750 Case No. No 43.
An apparent heir pursuing a sale of his predecessor's estate, needs not make up titles before he can receive the residue of the price, after paying the debt.
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The estate of Glenhove was sold judicially at the instance of the apparent heir, and purchased by Sir James Hamilton, who gave for it a sum exceeding the debts charged upon it; and having paid the creditors, and the residue of the price to the pursuer, applied for having his bond delivered up: Whereupon it was deliberated among the Lords, whether the heir ought to have taken the price without having made up a title, and what that title ought to have been.
The Lords found the residue of the price, after paying the creditors, was rightly paid to the heir, and ordained the petitioner's bond to be delivered up.
Reporter, Elchies.Clerk, Pringle.
Fol. Dic. v. 3. p. 259. D. Falconer, v. 1. No 172. p. 207.
