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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bogle, &C. v Bogle, Troa, &C. [1738] 1 Elchies 429 (15 February 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies010429-004.html |
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Subject_1 SOCIETY.
Bogle, &C
v.
Bogle, Troa, &C
1738 ,Feb .15 .
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
This being a process of sale of the effects of a copartnery, (a rope manufactory) consisting not only of the materials, but of houses and debts, in order to a division,—it seemed very doubtful whether we could order a sale of the houses and debts upon a process communi dividundo, where the defenders opposed it, or as in this case were absent and infants; since houses might be possessed pro indiviso, as in the case of heirs-portioners and others, and debts might be divided or uplifted by a factor, and the sale was not founded upon either of the acts 1681 on 1695. However the Lords found they could appoint a sale, and did it accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting
