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Paterson v Anderson of Kestock. [1764] Mor 11999 (15 November 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor2811999-054.html Cite as:
[1764] Mor 11999
In a sale of a bankrupt estate, it is usual to leave a blank in the summons for the names of the creditors, to be filled up afterwards, from the messenger's execution.
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In a summons of sale, containing a warrant in general to cite all the real creditors, a blank was left for the names of these creditors, which, by authority of the Lord Ordinary, was afterwards filled up from the executions against these creditors produced in process. It was objected, That the summons was informal, because it ought to have contained the names of the defenders; which objection was repelled, it appearing to be customary to libel a summons of sale in that manner, for a good reason, that it cannot always be certainly known before hand who are the real creditors; and therefore, it is convenient to leave this to the sagacity of the messenger.
Sel. Dec. No 224. p. 289.
*** This case, as reported in the Faculty Collection, is No 17. p. 3691, voce Execution.
