Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Janet Ramsay and - Browns
v.
Their Creditors

Date: 1 December 1681

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In the action of vendition pursued by Janet Ramsay in Dalkeith, and—— Browns, her children, being minors, against their creditors; the Lords made some scruple and difficulty to find a necessity of a sale of lands for paying the debts, because the yearly rent was £100 Scots, and the debt was but 1100 merks, and none of the creditors had done real diligence, save one Laurie, who had adjudged. Yet, on considering the burden of the relict's liferent with the public burdens affecting their lands, they at length found the necessity of a sale of as much as would pay the foresaid debt, seeing seven years' rent would not pay the whole debt; and, in case a part of the lands could not be conveniently sold, then authorized the sale of the whole, if it could not be well separated and distinguished.

Vol. I. Page 165.