Scottish Court of Session Decisions

Subject_1 CITATION.
Subject_2 SECT. XXV.

Citation in Process of Ranking and Sale.

Earl Marchmont
v.
Earl Home

Date: 28 June 1727
Case No. No 117.

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In a process of sale at the instance of a creditor, of his debtor's estate upon the head of bankruptcy, the Lords found no process, in respect there was no edictal citation, nor any warrant in the summons for such citation, as the act of sederunt, 23d November 1711, directs. Here it was pleaded, What the act of sederunt enjoins, is not of necessity but of expediency, which the raiser of the sale may prosecute or not as he thinks fit; and that, if all the real and personal creditors be cited personally, or at their dwelling-houses, in the common course of diligence, the edictal citation is superfluous.

Fol. Dic. v. 1. p. 142.