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Mr Hugh Dalrymple v Lord Polwarth, &c. [1694] 4 Brn 198 (20 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040198-0445.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Hugh Dalrymple v. Lord Polwarth, &c
Date: 20 July 1694
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Mr Hugh Dalrymple, craving to have his probation advised, in order to the sale and roup of North Berwick, my Lord Polwart, and some other creditors, opposed it; alleging that he had a process depending for evicting the property of these lands, at least of the heugh; and he would not suffer his lands to be sold.
Answered,—He could have no prejudice; for, if he prevailed, he would either obtain the price, or reduce and rescind the roup, in his option; and they were not selling his right to the lands, but Sir William Dick's.
The Lords found, This being a summary process, it could not be stopped on the discussing of Polwart's interest; and that we ought not to lay more clogs on thir purchases, to embarrass them, than the Act of Parliament had done: And, therefore, ordained the roup to go on, but prejudice always and with express reservation of my Lord Polwart's right, as accords; seeing we had several instances, where parties, claiming right to the lands, had interposed, yet were rejected, and not suffered to stop the roup: as in Sir George Lockhart's gift of the recognition of Laswade; in Sir Godfrey Mackulloch's interest on Gordon of Cairdness's estate; in the tailyie of Bonnington's lands, and sundry others.
