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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Crowdieknows. [1749] 1 Elchies 395 (17 June 1749)
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[1749] 1 Elchies 395
Subject_1 RANKING AND SALE.
Creditors of Crowdieknows
1749 ,June 17 .
Case No.No. 16.
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In the division of the price, from William Maxwell being creditor in a great sum by an heritable bond and infeftment for security of his penalty as well as his principal sum, ana accordingly preferred in the decreet of ranking for his penalty to be restricted to his necessary expenses, the accountant stated a doubt which at the desire of the lawyers I reported this day for advice: Whether he should draw his penalty so as to relieve him of his share of the expense of ranking and sale? And the Lords found, agreeably to the act of sederunt and former practice, that he could not, but behoved to defray the expenses himself. Vide the cases of Prestonhall, Fraserdale, and Portract. (supra.)
The electronic version of the text was provided by the Scottish Council of Law Reporting