BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Carlyle v the Trustees of Mathison's Creditors. [1739] Mor 6971 (1 February 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor1706971-044.html Cite as:
[1739] Mor 6971
Click here to view a pdf copy of this documet : PDF Copy
Where the bulk of a bankrupt's creditors had agreed to accept of a voluntary right from the bankrupt in favour of a trustee, who, to save expense, should be empowered to sell and divide the price; the subject being actually sold, and the price in medio, an inhibiter who had refused to accede to the trust-right, 'was not allowed to reduce,” in respect he could not allege the sale was at an under value, and that the price was in medio.
The like had been done some years ago in the case of the Creditors of Halgreen, where an inhibiter was not allowed to reduce a sale which had been made at an adequate price, and the price in medio, there being no prejudice to the inhibiter; which as it seems to have foundation in law, has great equity in it. And in the reasoning in this case, it was taken for granted, that in case he had been allowed to reduce, he must have found caution, that this subject when again sold, should yield a price not under what it stood now sold for.
Fol. Dic. v. 3. p. 324. Kilkerran, (Inhibition.) No 1. p. 285.
