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Scottish Court of Session Decisions >>
Robert Montgomery v The Creditors of Maxwell of Arkland. [1750] Mor 2240 (6 January 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor0602240-118.html Cite as:
[1750] Mor 2240
Robert Montgomery v. The Creditors of Maxwell of Arkland
Date: 6 January 1750 Case No. No 118.
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John Neilson of Corsack pursued a ranking and sale of the estate of Arkland, which proceeded so far as that the lands were put up to roup, when it was represented the pursuer was dead; and thereupon the sale was adjourned. Robert Montgomery another creditor, petitioned for warrant to carry it on, and proceed to roup; to which it was objected, on the Bench, it was necessary the deceased creditor's representatives should be called. Answered, by others of the Lords, the ranking was over, so there could be no further litigiosity.
The Lords granted warrant.
Fol. Dic. v. 3. p. 122. D. Falconer, No 117. p. 133.
