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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bailie Thomas Dundas v Lord Rollo. [1739] 1 Elchies 392 (9 November 1739)
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Cite as: [1739] 1 Elchies 392
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[1739] 1 Elchies 392
Subject_1 RANKING AND SALE.
Bailie Thomas Dundas
v.
Lord Rollo
1739 ,Nov. 9 .
Case No.No. 5.
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The question though about a small subject was of some importance: How far a sale before the Lords could be quarrelled by a third party having right to the subject not derived from the bankrupt? The Lords found that Henry Wylie the son and heir of Henry as well as of Thomas the bankrupt being called in the sale, neither Henry nor any of his creditors can quarrel the sale; and they thought the act of Parliament had the same effect, which provides that the subject shall be free from the debts and deeds of the bankrupt or his predecessors;—and Henry's right flowed from the predecessor of the bankrupt. Afterwards adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting