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Robert Sandelands, Merchant in Edinburgh, v Gabriel Rankine of Orchyardhead. [1693] 4 Brn 113 (29 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040113-0262.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Sandelands, Merchant in Edinburgh, v. Gabriel Rankine of Orchyardhead
Date: 29 December 1693
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Halcraig reported Robert Sandelands, merchant in Edinburgh, against Gabriel Rankine of Orchyardhead. The Lords found, that the offering a progress of writs would not stop his total adjudication of the lands, or restrict the said Robert, his creditor, to a part of the lands, unless he was infeft; and that his ratification would not defend him, because the next heir might pass by him, and serve heir to the former; and, therefore, decerned the adjudication to be over the haill lands: superseding extract for a month, that, if the defender infeft himself betwixt and that time, the adjudication may be restricted to a proportional part, effeiring to his sum, and a fifth part more; but if not, then to go out against the whole.
