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 £1, 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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wotherspoon v. Petitioner [1870] ScotLR 7_252 (25 January 1870) URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0252.html Cite as: [1870] SLR 7_252, [1870] ScotLR 7_252 |
||
[New search] [Printable PDF version] [Help]
Page: 252↓
Judicial sale authorised to take place during a recess of the Court.
In an action of ranking and sale at the instance of the petitioner, the subjects had been appointed to be sold on the 9th of February before the Junior Lord Ordinary. Subsequently the Court having resolved not to sit between the 5th and 12th February, the petitioner moved the Court to delay the day of sale, as there was considerable doubt whether sale could take place when the Court were not sitting.
Pattison, for him, quoted Bell's Com. p. 1009,
Page: 253↓
as settling that a judicial sale could not take place whilst the Court were not sitting. The Court helding that delay would cause additional expence, and that the only reason for such a sale not taking place during a recess of the Court was one of expediency, gave a special warrant for the sale taking place on the day fixed before the Lord Ordinary on the Bills.
Solicitors: Agents for Petitioner— Andrew Hill, W.S.
