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Creditors of Mrs Margaret Balfour, Petitioners. [1751] Mor 13324 (1 February 1751)
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[1751] Mor 13324
Form and steps of the process. Real creditors not in possession, how to be called? Creditors to bring a sale, must be in possession of the estate.
Creditors of Mrs Margaret Balfour, Petitioners
Date: 1 February 1751 Case No. No 20.
Where a part of the subject had been omitted to be brought into the sale till proof was led.
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Where a coal, which the Lady had in lands whereof the surface belonged to another heritor, had been omitted to be brought into the summons of sale, which only carried lands with coal, coal-heughs, &c. in general, till after the proof in the sale was led, a new process of sale was raised, containing said coal; and the creditors applied by petition, craving that the same might be conjoined with the former action.
This the Lords complied with, though not without some scruple made, how the proof led before that new summons was raised could be repeated in it.
Fol. Dic. v. 4. p. 208. Kilkerran, (Ranking and Sale.) No 14. p. 474.
