Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
William Gordon of Balcolmy v. Mark Leirmont and Sir G N.
Date: 28 February 1699
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[See the subsequent part of the Report of this Case, Dictionary, page 3096.]
Mr William Gordon of Balcolmy gives in a bill against Mr Mark Leirmont and Sir G. N. late of B. to stop the roup of these lands, in respect the apparent heirs were not cited, and he offered to improve the executions as false; and complained, That the said Sir G. had officiously intruded himself on that estate, and bought in debts, not being a creditor before, and had made singular bargains with them. He answered,—The apparent heirs had defrauded the poor creditors these many years, and had given them nothing; and he was as free as any of the sons of Adam to purchase these lands in a fair roup; and the creditors had applied to him; and many of them had transacted with him cheerfully.
The Lords inclined to allow the apparent heirs yet to be legally cited to the first of June, and Mr William to improve the first execution, as accords.
