Scottish Court of Session Decisions

Subject_1 SEQUESTRATION.

Duke of Roxburgh
v.
Oliphant

Date: 28 June 1738
Case No. No. 11.

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

When an estate holding feu is sequestrated upon the application of creditors, the superior's interest in the estate, which is a subject belonging to a different party, cannot be sequestrated, and he therefore is entitled to levy his feu-duties by legal diligence, in the same manner as if there were no sequestration. Upon this footing, a superior having applied to the Lords for a warrant against the factor for payment of his bygone feu-duties, was preferred to the agent of the sale, who at the same time also applied for a warrant against the factor, to have a sum put into his hand for carrying on the sale. See Appendix.

Fol. Dic. v. 2. p. 365.