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Cite as: [1750] Mor 14345

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[1750] Mor 14345      
Subject_1 SEQUESTRATION.

The Creditors of Robert Simpson of Thornton, Petitioners

 Date: 18 January 1750
Case No. No. 13.

Sequestration of a bankrupt estate refused, on account of the nullity of the sale.

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An application being made for a sequestration of the lands of Thornton, where of a ranking and sale was depending, it was objected to on this ground, that the sale was void, the debtor's whole lands not being brought into it. Answered, That was no objection to the sequestration.

But it being replied, That there was no other process in Court but the sale, “The Lords refused to sequestrate.”

 Fol. Dic. v. 4. p. 266. Kilkerran, No. 1. p. 508.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3314345-013.html