BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Dalgliesh v Robert Hamilton. [1753] Mor 4163 (6 July 1753)
URL: http://www.bailii.org/scot/cases/ScotCS/1753/Mor1004163-009.html Cite as:
[1753] Mor 4163
In a ranking and sale the objection sustained that the common debtor was cited under a wrong christian name, though he was properly designed as to his profession and quality.
Click here to view a pdf copy of this documet : PDF Copy
Dalgliesh pursued a ranking and sale of the lands of Wester Abden, and called as the common debtor, “George Hamilton cooper in London, son and apparent heir to the deceased George Hamilton of Wester Abden.”
Objected for Robert Hamilton, another of the creditors on the estate of Wester Abden; This sale cannot proceed, for that the common debtor is not called, his name being not George, but William, “The Lords sustained the objection,” although it was pleaded for Dalgleish, that the description above narrated could not be applied to any other person whatever than the common debtor; and that the certainty of the descrpition ought to supply the error in the christian name.
Act. Garden.Alt. Brown.Clerk, Murray.
Fol. Dic. v. 3. p. 205. Fac. Col. No 79. p. 118.
