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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Sandelands, Merchant in Edinburgh, v Gabriel Rankine of Orchyardhead. [1693] 4 Brn 113 (29 December 1693)
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[1693] 4 Brn 113      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Robert Sandelands, Merchant in Edinburgh,
v.
Gabriel Rankine of Orchyardhead

Date: 29 December 1693

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Halcraig reported Robert Sandelands, merchant in Edinburgh, against Gabriel Rankine of Orchyardhead. The Lords found, that the offering a progress of writs would not stop his total adjudication of the lands, or restrict the said Robert, his creditor, to a part of the lands, unless he was infeft; and that his ratification would not defend him, because the next heir might pass by him, and serve heir to the former; and, therefore, decerned the adjudication to be over the haill lands: superseding extract for a month, that, if the defender infeft himself betwixt and that time, the adjudication may be restricted to a proportional part, effeiring to his sum, and a fifth part more; but if not, then to go out against the whole.

Vol. I. Page 586.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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