Scottish Court of Session Decisions

Subject_1 RANKING AND SALE.

Sir Hugh Hamilton, Supplicant

1750, Dec. 14.
Case No. No. 20.

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Sir James applied to have his bond of cautionry for the price delivered up, having paid the price;—which was remitted to me to examine the vouchers; and I reported that it was a sale at the instance of the apparent-heir on the act 1695, that after payment of the creditors, there was a balance of about L.1600 Scots; and that it appeared from the vouchers that Sir James had paid the price to the creditors, and the said balance to the apparent-heir and her husband upon their discharge, but that it did not appear that the apparent-heir had made up any titles either to the estate or price, and that therefore the Court should determine whether any titles, and what titles were necessary to be made up? This point they had under consideration different days, and I mentioned to them the case of Stirling against Cameron, 21st July 1742, (No. 8, supra,) where in the sale of an estate as bankrupt, there being eventually a reversion to the apparent-heir, he was found obliged to make a title to the lands, and to convey. But this day the Lords found that no title was necessary to be made up, and therefore ordered the bond to be delivered up.