Form and steps of the process. Real creditors not in possession, how to be called? Creditors to bring a sale, must be in possession of the estate.
Arbuthnot, Petitioner
Date: 10 January 1747 Case No. No 15.
The estates of two different proprietors bound conjunctly and severally for a debt allowed to be included in one summons, of sale.
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Where the estates of two different persons, bound conjunctly and severally for a debt, were comprehended in one adjudication, and a ranking and sale was thereon pursued of both estates in one and the same summons, the process was sustained; although, where the grounds of debt against two persons are different, and different adjudications proceeding thereon, though at the instance of the same person, a sale of the two estates could not proceed on the same summons.
For as where both proprietors are bound in the same debt, one adjudication may thereon proceed on one summons against the estates of both, there is no reason why in like manner a sale may not on such adjudication proceed against both estates, and that whether the other debts ranked on these estates affect them separately or jointly.
Fol. Dic. v. 4. p. 208. Kilkerran, (Ranking and Sale.) No 3. p. 469.
