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Scottish Court of Session Decisions >>
The Creditors of Scot of Ardrose v George Graham and the Lady Largo. [1694] 4 Brn 226 (14 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040226-0511.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Creditors of Scot of Ardrose v. George Graham and the Lady Largo
Date: 14 December 1694
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The Creditors of Scot of Ardrose, against George Graham and the Lady Largo, who opposed the sale of these lands; because, by a condescendence and agreement, there were lands given off for three parts of their principal sum to all that should subscribe and enter into the said agreement; and the Lady Largo had lands effeiring to the fourth part of thir sums; and Spence's apprisings, acquired in by Sir Daniel Carmichael, which was the preferable right, was communicated to them.
The Lords found, they having divided the lands amongst them in this manner, they were proprietors of their several localities, and could not be forced to consent to a roup of these lands except they pleased; and that Sir Daniel's oath did not restrict his apprising, as was alleged, but only showed the inductive cause why he acquired it to secure his other debts.
