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Scottish Court of Session Decisions >>
Blackwoods, Supplicants. [1781] Mor 14349 (24 July 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Mor3314349-017.html Cite as:
[1781] Mor 14349
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Certain persons of the name of Blackwood, in the character of apparent heirs portioners, brought a process of ranking and sale of their ancestors effects, heritable and moveable. After the process was called in court, and a proof allowed, in common form, they applied by petition to the court, for a sequestration of the heritable subjects, bygone rents, and other effects, not already attached by the ancestor's creditors.
The Lords were of opinion, that a competition of rights alone, authorised them to take subjects into their possession by sequestration; and as there was no competition in this case, “they refused the petition.”
Act. Rolland,
Fol. Dic. v. 4. p. 265. Fac. Coll. No. 75. p. 129.
