[Faculty Collection, V. p. 10; Dictionary, 14, 178.]
Monboddo. A man buying by a lame progress, is like a man buying a lame horse, knowing him to be lame: he has no relief. There was no fraud here; but, on the contrary, the faulty part of the progress was produced, which the seller might have secreted.
Justice-Clerk. The words of the articles of roup are irresistible. The sale would have been good, although the progress had been worse. The purchaser may have been ignorant or careless; but that makes no difference.
Gardenston. It would destroy the credit of all public roups were we to set aside this sale.
On the 24th November, “the Lords remitted to the Ordinary.” [It was understood that he should find the price due, upon turning the decreet into a libel; but this could not be done directly, because the charge was for the penalty, not for performance, although the parties had joined issue upon the merits of the sale.]