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.
The Creditors of Hamilton, Supplicants
Date: 29 June 1749 Case No. No 16.
Whether the creditors may insist in a sale raised upon the act 1695, when the pursuer drops it.
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John Hamilton the apparent heir of his father, the deceased John Hamilton of Grange, pursued a sale of the estate of Grange upon the act 1695, which was brought the length of having day after day appointed for the sale by adjournment, nobody having appeared to offer. The Creditors, weary of the delay, applied to the Lords to lower the price, the height whereof they reckoned to be the cause why nobody offered.
This the Lords refused to do upon the creditors' application, for that being a sale on the act 1695, it was thought the creditors could not take it up; and therefore the petition was let lie till the heir should declare himself.
Fol. Dic. v. 4. p. 208. Kilkerran, (Ranking and Sale.) No 8. p. 472.
