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The Creditors of Jordanhill, Petitioners. [1752] Mor 13325 (27 February 1752)
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Form and steps of the process. Real creditors not in possession, how to be called? Creditors to bring a sale, must be in possession of the estate.
The Creditors of Jordanhill, Petitioners
Date: 27 February 1752 Case No. No 22.
A small subject having been omitted out of a sale, new letters of publication found necessary.
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In the sale of the estate of Jordanhill, a small superiority, with a feu-duty of L. 5 Scots yearly, having been left out of the proof of the rental and value, and so not comprehended in the sale and letters of publication, the creditors, after the lands were exposed to public roup, and sold, discovering the omission of said feu-duty and superiority, applied by petition, setting forth the fact, and craving an incident diligence for proving the value of said superiority; which was granted, and a proof thereof led, and a state thereof prepared for advising.
The Creditors now apply, representing that the scheme of division of the price of the subjects already sold cannot be made out, unless the superiority and feu-duty be also sold, and that new letters of publication would raise a great expense, and craving the Lords would advise the proof summarily, and dispense with new letters of publication.
The Lords refused the desire of the petition.
Fol. Dic. v. 2. p. 296. Kilkerran, (Ranking and Sale.) No 17. p. 476.
