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Scottish Court of Session Decisions >>
Shaw Petitioner. [1750] Mor 4070 (19 June 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor1004070-026.html Cite as:
[1750] Mor 4070
Factor appointed by the Court of Session. - Act of Sederunt 1611.
Shaw Petitioner
Date: 19 June 1750 Case No. No 26.
When a factor on a sequestrated estate cannot get the lands let at the former rent, he must apply to the Lords for a warrant to let by roup for a lower rent.
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When a factor cannot get the lands let at the former rent, he applies to the Lords for a warrant to let by roup for a lower rent, which the Lords grant generally only for one year, but never for a space exceeding three years; and which they granted in this case on account of some special circumstances, although the factor had not first exposed the lands to roup.
Though some were of opinion, that, in all cases, the factor should first try a roup, setting up the lands at the former rent, before he apply to the Lords, in order to guard as far as possible against collusion on the part of the factor.
Fol. Dic. v. 3. p. 203. Kilkerran, (Factor.) No 9. p. 185.
