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The Lady St. Johnscleugh, and Robert Muirhead her Husband, v The Laird of Covington's Creditors. [1693] 4 Brn 94 (23 November 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040094-0218.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Lady St Johnscleugh, and Robert Muirhead her Husband, v. The Laird of Covington's Creditors
Date: 23 November 1693
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The Lady St. Johnscleugh, and Robert Muirhead, her husband, gave in a bill against the sale of Covington, that it was done in June, when there was no Session, that diet having been set on a supposition that the Session would be then sitting; and that Castlehill, who made the greatest offer, was one of Covington's interdictors; and that sundry things, and particularly a superiority, were omitted to be valued.
The Lords refused their grounds; considering, that, if they loosed such judicial venditions on niceties, this great security would prove ineffectual; and that Castlehill did not buy proprio nomine, but for his pupil and nephew, Carnwath, and that there was another interdictor; but allowed them to be heard, whether that superiority should be included in the sale or not, and if it was formerly rentalled, and if the debtor was in possession of it.
