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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sale of the Estate of Arkland. [1750] 1 Elchies 395 (6 January 1750) URL: http://www.bailii.org/scot/cases/ScotCS/1750/Elchies010395-017.html |
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Subject_1 RANKING AND SALE.
Sale of the Estate of Arkland
1750 ,Jan. 6 .
Case No.No. 17.
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A pursuer of a sale dying after decreet of ranking, and just before they were proceeding to the roup, the Lords on the act 1711 granted warrant to another creditor Bailie Montgomery to carry on the sale; and found no necessity of calling the last pursuer's heir; which last appeared to me odd, since if any other creditor had died, the sale by that act must have stopt till his heir had been called; and it was thought that had he died during the ranking even his heir must have been called. At common law on the death of any party once admitted into a process, it must stop till his heir be called;—and that act makes no distinction at what period of the process he dies.
The electronic version of the text was provided by the Scottish Council of Law Reporting