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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Selkirk, and Udney of Udney, v Creditors of Lidder Dale of Tors. [1752] 2 Elchies 223 (26 June 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies020223-029.html |
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Subject_1 FRAUD.
Date: Earl of Selkirk, and Udney of Udney,
v.
Creditors of Lidder Dale of Tors
26 June 1752
Case No.No. 29.
Click here to view a pdf copy of this documet : PDF Copy
An estate being encumbered by real debts beyond its value, a ranking and sale was pursued, wherein these real debts only were produced; and it being discovered that there was a defect in the manner of making up the bankrupt's own titles, these real creditors entered into a compromise, dropped the process, completed the bankrupt's titles, and on a commission from him made a voluntary sate of his estate: After which two personal creditors adjudgers wakened the former process, and objected to the rights of the
real creditors as void and null, for that the bankrupt's own titles (upon which their infeftments depended) were only completed after his bankruptcy, and after the process of ranking and sale. Lord Drummore repelled the objection, and we adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
