Scottish Court of Session Decisions

Rose presented a petition, stating, that, on 11th March, 1835, he had bought the lands of Easter and Wester Dempster, under a process of ranking and sale, at the price of £943: That, “by the articles of roup, it is provided that each purchaser shall bind and oblige himself to grant bond, with a sufficient cautioner or cautioners, within thirty days after the roup, binding the purchaser and his said cautioners, conjunctly and severally, for payment of the price offered by him, at the term of Martinmas next, and interest thereof from the term of Whitsunday last, containing a fifth part more of the price offered in name of penalty: That as there was no other offerer for the said subjects but the petitioner, and as no prejudice could arise to any one, the petitioner, instead of lodging a bond of caution in terms of the articles of roup, duly consigned the price of the said subjects in the Bank of Scotland, along with the legal interest thereof from the term of Whitsunday last to the term of Martinmas next, all to await the order of Court, or to be upliftable on the joint receipt of the common agent and the agent of the petitioner, which consignation was duly intimated to the common agent in the said ranking and sale, and the deposit-receipt was produced in process of this date, being within the thirty days required for the finding caution: That no objection has been made to the above consignation.” He therefore prayed the Court “to appoint intimation of this petition, and thereafter, upon the sale being reported to your Lordships, to pronounce decree of sale in the petitioner's favour in common form, or to grant warrant to the Clerk of Session to receive a bond of caution, within thirty days; and, in order to save time, and that the decree may be pronounced this session, to dispense with the petitioner's signing the said bond, he being already bound by his having subscribed the minute of enactment of purchase.”