BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drummond v Mrs Helen Cunninghame. [1741] Mor 4029 (13 November 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor1004029-008.html
Cite as: [1741] Mor 4029

[New search] [Printable PDF version] [Help]

[1741] Mor 4029      
Subject_1 EXPENSES.
Subject_2 SECT. I.

Expenses laid out in re commune.

Drummond
 v.
Mrs Helen Cunninghame

Date: 13 November 1741
Case No. No 8.

Click here to view a pdf copy of this documet : PDF Copy

A decree of sale being obtained at the instance of an apparent heir, who was herself also creditor, there being no reversion, it was found that the apparent heir, who, as such, drew no part of the price, was not to be burdened with the expenses of the ranking and sale, but that the same was to be proportioned among the several creditors, whereof she herself was one, in terms of the act of sederunt 1711.

The like was formerly found, anno 1738, between Nicolson, apparent heir of Trabrown, and his father's other creditors, No 7. p. 4028.

 Fol. Dic. v. 3. p. 197. Kilkerran, (Expenses) No 2. p. 180.

*** See This case by C. Home, voce Ranking and Sale.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor1004029-008.html