[1720] Mor 13348
Subject_1 RANKING and SALE.
Subject_2 SECT. VIII. Effect of a Decree of Sale, &c.
Date: Coupar alias Chalmers
v.
Sir Andrew Mireton of Gogar
21 June 1720
Case No.No 39.
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An estate having been sold at a public roup for the debts of the liferenter, by an alleged collusion betwixt him and his creditors, during the infancy of his son the fiar, who thereafter brought a reduction and improbation to set aside the purchaser's title to the estate, as acquired a non domino, without authority of the acts of Parliament, which give no power to the Court of Session to sell one man's estate for paying another man's debts; the Lords found the decreet of sale was a sufficient production made for the purchaser to exclude the pursuer's title. See Appendix.
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